Legal Definitions - ademptio

Ademption refers to a situation in wills and estates where a specific gift promised to a beneficiary in a will cannot be fulfilled because the particular item or property is no longer part of the deceased person's estate at the time of their death.

This can happen if the item was sold, given away, destroyed, or significantly changed in form before the person who made the will (known as the testator) passed away. When ademption occurs, the beneficiary typically does not receive a substitute item or the monetary value of the original gift; the gift simply fails.

• Example 1: Sale of a Specific Asset

  A will states, "I give my vintage 1965 Mustang convertible to my nephew, David." However, two years before their death, the testator sells the Mustang to a collector because they can no longer drive it.

  Explanation: Since the specific car bequeathed to David was sold and is no longer owned by the testator at the time of their death, the gift to David is adeemed. David will not receive the car, nor will he receive its monetary value from the estate.
• Example 2: Destruction of Property

  A will includes the provision, "I leave my unique collection of antique porcelain dolls to my granddaughter, Sarah." Tragically, a house fire occurs a few months before the testator's passing, completely destroying the entire doll collection.

  Explanation: The specific items intended for Sarah no longer exist as part of the estate. Therefore, the gift of the doll collection is adeemed, and Sarah will not receive it.
• Example 3: Change in the Form of a Financial Asset

  A will specifies, "I give the balance of my savings account at City Bank, account number 98765, to my brother, Michael." Before their death, the testator closes that particular City Bank account and transfers all the funds into a new investment portfolio at a different financial institution.

  Explanation: The specific savings account identified by its bank and account number no longer exists as an asset in the testator's estate. Even though the funds might still be present in a different form, the specific gift as defined in the will has been adeemed. Michael would not receive the funds from the new investment portfolio unless the will was updated to reflect this change.