“Adeem” is a legal concept that pertains to the situation where property identified in a will is no longer part of the testator’s estate at the time of their death. This occurs when the specific property that was intended to be bequeathed is no longer owned by the testator due to reasons such as sale, destruction, or disposal. In such cases, the intended beneficiary may not receive the intended gift unless there are specific provisions in the will addressing ademption or alternate instructions regarding the disposition of the property. Adeem reflects the principle that a will speaks as of the time of the testator’s death, and if the identified property is not present in the estate at that time, it cannot be bequeathed.
Adeem (verb): to transfer or assign ownership of a property or asset to someone else, typically through a legal process or agreement. This term is commonly used in the context of real estate or inheritance, where the original owner relinquishes their rights and interests in the property to another individual or entity. Adeeming involves a formal declaration or act that legally conveys the property’s title or rights to the new owner.
v. to revoke a gift made in a will by destroying, selling or giving away the gift item during the lifetime of the testator (writer of the will). Example: A person writes in his/her will, “I leave my son my 1988 Cadillac automobile,” and then Dad totals or sells the car. Nasty legal fights can arise if the supposed aforementioned gift is not clearly identified, as in “I give Robert my family car.” Then the giver sells the Cadillac and buys a Jeep. Better will language would be: “To Johnny any (or the newest) automobile of which I shall be possessed at the time of my death.
Adeem is a legal concept that refers to the extinction or cancellation of a legacy or bequest in a will due to the death of the legatee before the testator (the person who made the will). In such cases, the legacy is said to be adeemed, meaning it no longer exists and is not passed on to any other beneficiary or heir.
The principle of adeem is based on the presumption that the testator intended to benefit the legatee specifically, and if the legatee dies before the testator, that intention is frustrated. Therefore, the legacy is considered to be revoked or adeemed.
Adeem can occur in two ways: by satisfaction or by extinction. Satisfaction occurs when the testator, during their lifetime, provides the legatee with the same or similar property that was originally bequeathed in the will. In this case, the legacy is considered satisfied, and the legatee will not receive any additional benefit from the will.
On the other hand, extinction occurs when the property that was bequeathed no longer exists or is no longer owned by the testator at the time of their death. For example, if the testator bequeaths a specific piece of real estate but sells it before their death, the legacy is considered extinguished.
It is important to note that the concept of adeem may vary in different jurisdictions, as it is subject to the laws and regulations of each jurisdiction. Therefore, it is advisable to consult with a legal professional to understand the specific implications of Adeem in a particular jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April 2024.
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