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LSDefine

Simple English definitions for legal terms

extinguishment of legacy

Read a random definition: in judicio

A quick definition of extinguishment of legacy:

Extinguishment of legacy is when a gift that was supposed to be given to someone in a will cannot be given anymore because the thing that was supposed to be given is not there anymore or the person who was supposed to get it already received something else instead. There are two ways this can happen: either the thing that was supposed to be given doesn't exist anymore, or the person who was supposed to get it already got something else instead.

A more thorough explanation:

Extinguishment of legacy is also known as ademption. It refers to the situation where a gift made in a will cannot be given to the beneficiary because it no longer exists or is no longer part of the estate at the time of the testator's death. There are two theories of ademption: the identity theory and the intent theory.

The identity theory of ademption means that if a specific piece of property is not part of the testator's estate upon their death, then the gift will fail. For example, if a testator leaves a specific painting to their niece, but the painting is sold before the testator's death, then the niece will not receive the painting.

The intent theory of ademption means that if a specific devise is no longer in the testator's estate at the time of their death, the beneficiary will receive a gift of equal value if it can be proved that the testator did not intend the gift to be adeemed. For example, if a testator leaves a specific piece of property to their niece, but they sell the property and use the proceeds to buy a different property, the niece may still receive a gift of equal value if it can be shown that the testator intended for them to receive something of equal value.

There are two types of ademption: ademption by extinction and ademption by satisfaction. Ademption by extinction occurs when the unique property that is the subject of a specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator's death. Ademption by satisfaction occurs when the testator, while alive, has already given property to the beneficiary in lieu of the testamentary gift.

For example, if a testator leaves a specific car to their nephew, but the car is destroyed in an accident before the testator's death, then the nephew will not receive the car. This is an example of ademption by extinction. On the other hand, if a testator leaves a specific car to their nephew, but they give the nephew a different car while they are still alive, then the nephew may not receive the specific car mentioned in the will. This is an example of ademption by satisfaction.

extinguishment of copyhold | extinguishment of lien

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NosyBeagle
16:59
If you spend a couple months studying, take the test like summer/early fall then you could totally get a good score and dominate ur apps
ParallelAgreeableOrangutan
17:00
As a young potential KJD applicant, there is absolutely no rush and potentially everything to gain by getting work (and life) experience for a year or three
AngryMiniCar
17:00
^^ mmhm
thank you guys!! and no i don't mind the gap year i just want to make sure i'm fully prepared
AngryMiniCar
17:01
Especially cause a good amount of your competition is gonna have at least 1 year of work experience ahead of you.
AngryMiniCar
17:01
Yesss take the gap
ParallelAgreeableOrangutan
17:01
Unless you have like a 4.3 CAS GPA and crazy softs (softs are the non-quantifiable elements in your application that set you apart from others with similar stats)
AngryMiniCar
17:01
^^
ParallelAgreeableOrangutan
17:02
But even so, enjoy being young, trying something you won't have time to try once you're a law student/lawyer
ParallelAgreeableOrangutan
17:03
And that thing will make your application sparkle
ParallelAgreeableOrangutan
17:03
It will also make you sparkle (hopefully!)
NosyBeagle
17:03
take it from me: don't rush to take the lsat while you're trying to finish school you're gonna get a poopy score, and have to try again later anyways so be smart and take a load off. you got this
well unfortunately my gpa is sitting at a 3.5 or so because i did get a c in calc when i was 15... but i did see retaking classes doesnt affect the lsac gpa but again thank you guys!! luckily these two semesters aren't too bad for me but hopefully i can find something aligned with my interests to help me w that
ParallelAgreeableOrangutan
17:06
What was it like starting college at... 15?
AngryMiniCar
17:07
15????
ParallelAgreeableOrangutan
17:07
I mean I'm just doing the math (I think)
NosyBeagle
17:07
a 3.5 is still good.
NosyBeagle
17:07
also don't go on r/lawschooladmissions cus they're gonna tell you to die pretty much
ParallelAgreeableOrangutan
17:09
What are your career goals? Why do you want to be a lawyer? Asking both because you'll need to get clear on that for your admissions essays and because I'm super curious lol
NosyBeagle
17:10
^^
So I did dual enrollment and summer classes for my paralegal cert (that I haven’t finished) and not ACTUALLY started college. I barely graduated hs last year actually! But I wanted to originally work gov because I did get sexually assaulted as a child and recently had trial 3 weeks ago (after the case became a 3-4 year ordeal) and he was actually acquitted of all charges UNFORTUNATELY but that kinda inspired me when I was younger
NosyBeagle
17:13
I'm so sorry to hear that ): I think you'd be a strong advocate for kids.
And I do know im going to get paid peanuts as some may put it so if im in debt maybe ill do whatever, and i do know corporate is a stretch but i have been working since i was 14 so i feel like id be able to handle the workload of that… and just do pro bono cases if i dont want to be “poor” for long
And thank you! It definitely hasn’t been easy and I have been trying to be more vocal about that recently especially on social media and getting my story out
NosyBeagle
17:22
Yes I defintely think you deserve a BREAK and hopefully you do too. You've been through so much. Also u can totally minimize ur debt with saving a buttload of money. but it is ok. all of us are gonna be in the hole for awhile
ParallelAgreeableOrangutan
18:03
I'm sorry that happened to you! Definitely agree with the above, you definitely deserve a break. Hopefully you can find something that pays bills and gives you some peace and enjoyment, then jump into law school grounded and rested. (Sorry for the slow reply, hope you see it)
ParallelAgreeableOrangutan
18:06
We are rooting for you
Bettercaulsaul
21:46
Minor set back for a major comeback you got this
23:20
@ParallelAgreeableOrangutan: I appreciate u always hyping everyone up and being a stand up person/giving good advice on here, bravo
23:21
@GratefulSpecialSloth: things can change fast, aim for small incremental improvements each day and you will get where you need to be! Rooting for you as well!
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