1. A. Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:

   1. (1) the will provides for deduction of the gift;
   2. (2) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
   3. (3) 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.
2. B. For purposes 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.
3. 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 45-2-603 and 45-2-604 NMSA 1978, unless the testator's contemporaneous writing provides otherwise.

History: 1953 Comp., § 32A-2-609, enacted by Laws 1975, ch. 257, § 2-609; repealed and reenacted by Laws 1993, ch. 174, § 48.

ANNOTATIONS

Repeals and reenactments. — Laws 1993, ch. 174, § 48 repealed former 45-2-609 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-609, relating to nonexoneration, and enacted a new section, effective July 1, 1993.

Ademption’s effect on will. — A deed, which is executed pursuant to the exercise of improper and undue influence, cannot serve to adeem such property from the effect of such a will nor to revoke a will previously made devising such property. Brown v. Heller, 1924-NMSC-045, 30 N.M. 1, 227 P. 594 (decided under former law).

Evidence of ademption. — Uncontradicted evidence disclosed that the gifts to the spouses and children of decedent’s nieces and nephews showed an intent upon the part of the testator to adeem the legacies in testator's will by all payments made to the nieces and nephews, their spouses and children. In re Estate of Williams, 1962-NMSC-149, 71 N.M. 39, 376 P.2d 3 (decided under former law).