Legal Definitions - adeem

In the context of wills and estates, to adeem means that a specific gift (known as a "bequest") promised in a will cannot be given to the intended recipient because the item no longer belongs to the person who made the will (the "testator") at the time of their death. This occurs when the specific property mentioned in the will has been sold, destroyed, given away, or otherwise ceased to exist as part of the testator's estate before they pass away. When a gift is adeemed, the beneficiary typically does not receive a substitute item or the monetary value of the original gift.

• Example 1: Property Sold

  Imagine a will where a grandmother specifically leaves her beloved antique rocking chair to her granddaughter, Emily. However, a few years before her death, the grandmother moves into a smaller apartment and sells the rocking chair at an estate sale. When the grandmother passes away, the gift of the rocking chair to Emily is adeemed because the specific item no longer exists within her estate. Emily will not receive the rocking chair, nor will she receive money in its place.

• Example 2: Item Destroyed

  Consider a will that bequeaths a unique, hand-painted portrait of the testator's family to their nephew, Michael. Tragically, a house fire occurs a year before the testator's death, completely destroying the portrait. In this scenario, the gift to Michael is adeemed because the specific artwork no longer exists. Michael will not receive the portrait, and the estate is not obligated to provide a replacement or its monetary value.

• Example 3: Asset Transferred or Given Away

  Suppose a will states that a specific investment account, "Account #789 at Capital Bank," should go to the testator's friend, Sarah. However, during their lifetime, the testator decides to close that particular account and transfer all the funds into a new, different investment account at a different financial institution. When the testator dies, the original "Account #789 at Capital Bank" no longer exists as an asset in their estate. Therefore, the bequest to Sarah is adeemed, and she will not receive the funds from the new account, as the will specified the now-defunct original account.