Also known as: advancement · advancements · doctrine of advancement · advancement doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A rule in intestate succession under which a lifetime gift from a decedent to an heir is deducted from the heir's share of the estate. The deduction occurs only when the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift operates as an advancement.
Demetrius Douglas gave his daughter Denise Donovan $50,000 during his lifetime. Douglas died intestate survived by Denise and two sons. Denise produced a note Douglas signed at the time of the gift stating the amount would reduce her share of his estate. The probate court deducted the gift from Denise's intestate portion before dividing the remaining assets equally among the three children.
Dominic Drake created a trust to relieve poverty in his hometown. The trust instrument failed to name specific beneficiaries. After Drake's death the court selected a local food bank as the recipient because that choice aligned with Drake's expressed goal of helping the needy in the community.
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Diego Duarte transferred a parcel of land to his son Dustin Donovan. Duarte died intestate leaving Dustin and a daughter. Dustin presented a letter Duarte wrote on the day of the transfer declaring the land would count against Dustin's eventual inheritance. The court valued the land at the date Dustin took possession and reduced his share of the remaining estate accordingly.
Dustin Donovan worked in a county office. After a change in administration he was dismissed because of his political affiliation. Donovan sued the county claiming the termination violated his constitutional rights. The court examined whether the position involved policy-making duties that would permit dismissal on political grounds.
Demetrius Douglas transferred most of his assets into a revocable trust shortly before his death. His surviving spouse challenged the transfer as an attempt to reduce her elective share. The court determined whether the trust was a valid inter vivos disposition or a sham created solely to defeat the spouse's statutory rights.
Denise Donovan suffered permanent brain damage and was kept alive by feeding tube. Her family sought to discontinue the treatment. The court considered whether clear and convincing evidence existed of Donovan's prior wishes regarding continued medical intervention in a persistent vegetative state.
No. The doctrine applies only when the decedent dies intestate as to all or part of the estate. If a will fully disposes of the property the lifetime gift is instead analyzed under the doctrine of satisfaction.
Supporting sources
Yes under the UPC and Restatement. The decedent's declaration must be contemporaneous with the gift. A later writing by the decedent cannot convert an earlier absolute gift into an advancement.
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Under the UPC the advancement is not taken into account in computing the shares of the recipient's descendants unless the decedent's writing provides otherwise.
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No under modern statutes following the UPC. The gift is treated as an advancement only if the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement.
Supporting sources
…decision not to terminate results in a maintenance of the status quo ; the possibility of subsequent developments such as advancements in medical science, the discovery of new evidence regarding the patient’s intent, changes in the law, or simply the unexpected death of the patient despite the administration of…