Satisfaction Of Legacy

Satisfaction of legacy occurs when a testator leaves a specific gift or legacy in their will and subsequently gives the same or equivalent gift to the legatee during their lifetime. This principle holds that the lifetime gift may satisfy (or replace) the legacy in the testator's will, preventing the legatee from claiming both the lifetime gift and the legacy.

The concept has roots in Roman law, where it was recognized that a testator's intent should be honored not just at death but in any prior acts of giving. This principle evolved through common law to ensure that multiple gifts don’t cause unintended enrichment of the beneficiaries.

In modern law, courts often look to the intent of the testator when determining whether a lifetime gift satisfies a legacy. If there is clear evidence that the testator intended for the lifetime gift to replace the legacy, courts will typically uphold that interpretation to avoid duplicating benefits to the same beneficiary.

• A testator bequeaths $10,000 to a friend in their will but later gives that friend a new car worth $10,000 prior to their death; the car may be viewed as satisfying the legacy.
• A grandmother leaves a diamond necklace to her granddaughter in her will but gifts the granddaughter a similarly valued ring while she is alive; the ring may satisfy the legacy of the necklace.

• In re Estate of Gardner, 139 Wis. 2d 142 (1987)