Ademption is the situation, where a property bequeathed to a person at the time of writing of a will, cannot be transferred to him or her upon the death of the will-maker (testator) because it is no longer belongs to the testator’s estate. Ademption may be a result of the destruction, loss, or sale of the bequest in the intervening period.
Ademption is a legal term that refers to the situation where a specific gift or bequest mentioned in a will cannot be fulfilled because the property or asset no longer exists at the time of the testator’s death. In such cases, the intended beneficiary of the gift or bequest will not receive any alternative or substitute property unless otherwise specified in the will. Ademption can occur due to various reasons, such as the testator selling, giving away, or destroying the property mentioned in the will.
legal In the law of wills, Ademption is the determination of what happens when property left under a will is no longer in the testator’s estate when the testator dies. The failure of a bequest of property in a will. The gift fails (is “adeemed”) because the person who made the will no longer own the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will-maker, while still living, gives the property to the intended beneficiary (called “ademption by satisfaction”). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn’t get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, “I leave to Rob the family vehicle,” but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.
Ademption is a legal doctrine that applies to the distribution of assets in a will or trust when a specific bequest or gift is no longer in the testator’s estate at the time of their death. Under ademption, if a specific item or property that was specifically mentioned in the will or trust is not present in the estate, the intended beneficiary will not receive that particular gift.
Ademption can occur in two ways: by extinction or by satisfaction. Extinction occurs when the specific property is no longer in the testator’s estate, such as when it is sold, destroyed, or given away before their death. In such cases, the beneficiary will not receive the gift, and it will be treated as if it were never included in the will or trust.
Satisfaction, on the other hand, occurs when the testator provides a substitute gift to the intended beneficiary during their lifetime. If the testator gives the beneficiary a similar item or property that is intended to replace the specific bequest, it is considered a satisfaction of the original gift. In this case, the beneficiary will not receive both the substitute gift and the original bequest mentioned in the will or trust.
It is important to note that ademption rules may vary depending on the jurisdiction and the specific language used in the will or trust. Some jurisdictions have adopted the doctrine of equitable conversion, which treats the proceeds from the sale of a specific property as the property itself, allowing the beneficiary to still receive the value of the gift even if the property is no longer in the estate.
Overall, ademption is a legal principle that ensures the orderly distribution of assets in accordance with the testator’s intentions, even if specific items or properties are no longer available at the time of their death.
The failure of a gift of personal property—a bequest—or of real property—a devise—to be distributed according to the provisions of a decedent’s will because the property no longer belongs to the testator at the time of his or her death or because the property has been substantially changed.
Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator’s estate at the time of the testator’s death. For a devise of a specific item of property, such property is considered “adeemed,” and the gift fails. For example, if a will bequeathed the testator’s car to a specific beneficiary, but the testator owned no car at the time of his or her death, the gift would be “adeemed,” and the aforementioned beneficiary would receive no gift at all.
There are two types of ademption: by extinction and by satisfaction.
Extinction
Ademption by extinction occurs when a particular item of personal property or specially designated real property is substantially changed or is not part of the testator’s estate when he or she dies. For example, a testator makes a will giving her farm to her nephew and a diamond watch to her niece. Before she dies, she sells the farm and loses the watch. The proceeds of the sale of the farm are traced to a bank account. After the testator’s death, the nephew claims the proceeds from the sale, and the niece claims that the executor of the estate should pay her the value of the diamond watch. Neither claim will be upheld. Once the farm is sold, the specific device is deemed extinct. The proceeds from its sale are not its equivalent for inheritance purposes. In some states, however, if all of the proceeds had not yet been paid, the nephew would be entitled to receive the unpaid balance.
Since the testator no longer owns the diamond watch when she dies, that specific bequest is also deemed extinction.
Satisfaction
Ademption by satisfaction takes place when the testator, during his or her lifetime, gives to his or her heir all or a part of the gift he or she had intended to give by his or her will. It applies to both specific bequests and devises as well as to a general bequest or legacy payable from the general assets of the testator’s estate. If the subject of the gift made while the testator is alive is the same as the subject of a provision of the will, many states presume that it is in place of the testamentary gift if there is a parent-child or grandparent-grandchild relationship. Otherwise, an ademption by satisfaction will not be found unless there is independent evidence, such as express statements or writings, that the testator intended this to occur. A father makes a will, leaving his ski house to his daughter and $25,000 to his son. Before his death, he gives the daughter the deed to the ski house, and he gives the son $15,000 with which to complete medical school. After the father’s death, the daughter will get nothing, while the son will get $10,000.
After the son received the $15,000 from his father, there was acceptance and satisfaction of the general legacy of $25,000 to the extent of the size of the lifetime gift of $15,000. The son is entitled to receive the remaining $10,000 of the original general legacy. Since there was a parent-child relationship, there was no need for independent proof that the $15,000 gift was intended to adeem deemed under the will.
Ademption refers to the process by which a specific gift of property or assets outlined in a will is revoked or extinguished because the property is no longer owned by the testator (the person who made the will) at the time of their death.
Ademption occurs when the subject matter of a specific bequest no longer exists or is no longer owned by the testator at the time of death. This can happen due to various reasons such as the sale, destruction, or disposition of the property.
Specific gifts of property or assets mentioned in a will can be subject to ademption. These may include real estate, personal property, cash, securities, or any other specific items specifically identified in the will.
If a specific gift is adeemed, the intended beneficiary typically does not receive the item mentioned in the will. Instead, they may receive nothing, or the value of the adeemed gift may pass into the residuary estate to be distributed among other beneficiaries.
Ademption can sometimes be avoided if the testator explicitly amends the will before their death to replace the adeemed property with other assets or if the property is sold but the proceeds are traceable and intended to replace the specific gift.
Ademption can affect beneficiaries by altering their entitlements under the will. If a specific gift is adeemed, the beneficiary designated to receive that gift may not receive anything or may receive a different form of distribution from the estate.
Yes, some jurisdictions have statutory or common law exceptions to ademption in certain circumstances, such as when the testator did not intend for the specific gift to be adeemed or when the property undergoes a change in form but remains substantially the same.
If the testator sells property after making a will, the specific gift of that property may still be subject to ademption unless the proceeds from the sale are specifically earmarked to replace the gift or the will is amended to reflect the change.
Ademption can potentially lead to will contests or disputes among beneficiaries, especially if there are ambiguities in the will or disagreements arise regarding the testator’s intent with respect to the adeemed gift.
Q: What is ademption? A: Ademption is the legal process by which a specific gift in a will is no longer available because the property or asset has been sold, given away, or otherwise disposed of by the testator before their death. Q: What happens if a specific gift in a will is no longer available due to ademption? A: If a specific gift is adeemed, the beneficiary will not receive the intended property or asset. Instead, the beneficiary may receive a cash equivalent or nothing at all, depending on the circumstances and the laws of the state. Q: Can ademption be avoided? A: Ademption can be avoided by including specific language in the will that addresses the possibility of the property or asset being sold or disposed of before the testator’s death. Additionally, the testator can update their will to reflect any changes in their assets. Q: What are some examples of ademption? A: Examples of ademption include a testator leaving a specific piece of real estate in their will, but then selling the property before their death. Another example is leaving a specific piece of artwork in the will, but then giving it away as a gift before passing away. Q: How can I prevent ademption from affecting my will? A: To prevent ademption, it is important to regularly review and update your will to reflect any changes in your assets. Additionally, you can include language in your will that addresses the possibility of ademption and provides alternative instructions for the beneficiary.
DismissThis 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: 9th April, 2024.
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