How does "advancement" affect the distribution of an estate?

Advancement refers to a specific legal concept in estate law, particularly within the context of how gifts made by a testator during their lifetime affect the distribution of their estate upon death. When a beneficiary receives a gift from the testator while they are still alive, that gift may be considered an advancement. This means that the value of that gift is taken into account when calculating that beneficiary's share of the estate.

Specifically, it reduces a beneficiary's share based on the value of gifts they received during the testator's lifetime. For instance, if a testator gave one child a gift of $50,000 during their lifetime, and the total estate is worth $200,000, then that child’s share would be calculated as if they had received an advance of $50,000 against their final share of the estate. Therefore, they would only be entitled to an additional $150,000 from the estate, instead of the full amount.

This mechanism helps to ensure fairness in the distribution of an estate, as it acknowledges and accounts for gifts that have already been made, thus preventing unequal treatment of beneficiaries after the testator's death. The concept of advancement is essential for ensuring that the intentions of the testator regarding fairness and equality among beneficiaries