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Wills Essay Law to be Applied

Ademption: Ademption only applies to a specific gift of property. A Specific gift is


one that is particularly designated and is to be satisfied only by the receipt of the
particular property described. Under the doctrine of ademption, when specifically
bequeathed property is not in the testators estate at death, the bequest fails.
However, in KS, where casualty insurance proceeds for the loss of specifically
bequeathed property are paid after the testators death, the beneficiary is entitled
to the proceeds.
Equitable Conversion: When a contract for the conveyance of real property is
entered into by the buyer and seller, equitable title instantly passes to the buyer
through the doctrine of equitable conversion. The remaining interest held by the
seller is legally classified as a personal property right in the proceeds from the sale
at closing.
Lapse: If a will beneficiary dies during the testators lifetime, the gift lapses. The
Kansas anti-lapse statute operates to save the gift if the predeceasing beneficiary (i)
Was the testators spouse, lineal descendant, or relative within the sixth degree of
kinship and (ii) That spouse, descendant, or relative left issue who survived the
testator.