Ademption by extinction is a legal principle that applies to wills and trusts. It states that if a specific gift or bequest mentioned in a will or trust no longer exists at the time of the testator’s death, then the gift is considered to be revoked or “adeemed.” This means that the intended beneficiary will not receive the gift, as it no longer exists. Ademption by extinction can occur when the specific property mentioned in the will is sold, destroyed, or otherwise disposed of before the testator’s death. In such cases, the beneficiary will not receive any substitute or replacement for the revoked gift, unless otherwise specified in the will or trust.
Ademption by extinction is a legal doctrine that applies when a specific gift mentioned in a will no longer exists at the time of the testator’s death.
Ademption by extinction occurs when the subject matter of a specific gift is sold, destroyed, or otherwise disposed of before the testator’s death.
No, ademption by extinction only applies to specific gifts, which are gifts that are specifically identified in the will, such as a particular piece of property or a specific sum of money.
If a specific gift is adeemed by extinction, it means that the intended beneficiary of that gift will not receive it. Instead, the gift will fail and become part of the residuary estate or be distributed according to the laws of intestacy.
In some cases, ademption by extinction can be avoided if the testator specifically includes a provision in the will addressing what should happen if the subject matter of a specific gift is no longer available.
Yes, ademption by extinction can be challenged in court if there is evidence to suggest that the testator did not intend for the gift to fail even if the subject matter is no longer available.
Yes, some jurisdictions have exceptions to ademption by extinction, such as the doctrine of equitable conversion, which treats the proceeds from the sale of a specific gift as if the gift itself still existed.
Yes, ademption by extinction can apply to both personal property and real estate if they are specifically mentioned as gifts in the will.
Yes, ademption by extinction can be revoked or modified if the testator amends or revokes the will before their death, or if a court determines that the doctrine should not apply based on the circumstances.
Yes, it is advisable to consult an attorney if you suspect ademption by extinction may apply to a specific gift in a will. An attorney can provide guidance on the specific laws and procedures in your jurisdiction and help you understand your rights and options.
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: 12th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/ademption-by-extinction/
- Modern Language Association (MLA):Ademption By Extinction. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/ademption-by-extinction/.
- Chicago Manual of Style (CMS):Ademption By Extinction. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/ademption-by-extinction/ (accessed: May 09 2024).
- American Psychological Association (APA):Ademption By Extinction. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/ademption-by-extinction/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts