§ 2-1.5 Advancements and their adjustment\n (a) An advancement is an irrevocable gift intended by the donor as an\nanticipatory distribution in complete or partial satisfaction of the\ninterest of the donee in the donor's estate, either as distributee in\nintestacy or as beneficiary under an existing will of the donor.\n (b) No advancement shall affect the distribution of the estate of the\ndonor unless proved by a writing contemporaneous therewith signed by the\ndonor evidencing his intention that the gift be treated as an\nadvancement, or by the donee acknowledging that such was the intention.\n (c) When so proved, the advancement is part of the estate of the donor\nfor the purpose of distribution. If such advancement is equal to or\ngreater than the interest of the donee, whether in intestacy or under\nthe will, such donee or his successor in interest may not share in the\ndistribution of the estate; but if less than such intestate share or\ntestamentary interest, the donee or his successor in interest may take\nhis intestate share or testamentary interest reduced by the amount of\nthe advancement.\n (d) Unless otherwise provided in a writing contemporaneous with the\nadvancement and signed by the donor:\n (1) An advancement, made as provided in this section, may be adjusted\nout of the property of the donor in such manner as may be equitable.\n (2) The advancement shall have the value at which it is appraised for\nestate tax purposes, or, if not included in the gross taxable estate of\nthe donor, the value at which it would have been appraised if included\ntherein.\n (e) Nothing in this section shall increase or decrease the elective\nshare of a surviving spouse under either 5-1.1 or 5-1.1-A except to the\nextent authorized by paragraph (b) of those sections.\n
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