South Carolina § 62-2-610 - Ademption by satisfaction.

§ 62-2-610. Ademption by satisfaction.

(a) Property which a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if:

(i) the will provides for deduction of the lifetime gift;

(ii) the testator declared in a contemporaneous writing that the gift is to be deducted from the devise; or

(iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.

(b) For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.

(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 62-2-603 and 62-2-604, unless the testator's contemporaneous writing provides otherwise.

HISTORY: 1986 Act No. 539, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014.