HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
ademption
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A quick definition of ademption:
Ademption is when someone leaves something to someone else in their will, but that thing doesn't exist anymore when the person dies. For example, if someone leaves their car to their friend in their will, but they sell the car before they die, then the friend won't get the car. This is called ademption by extinction. It's different from ademption by satisfaction, which is when someone gives something to the person before they die instead of leaving it to them in their will. To avoid confusion, people sometimes include a phrase in their will that says the thing they're leaving has to still belong to them when they die.
A more thorough explanation:
Ademption is a legal term that refers to the situation where a gift made in a will cannot be given to the intended recipient because it no longer exists or is no longer owned by the person who made the will.
For example, if a person writes in their will that they want to leave their car to their niece, but they sell the car before they die, then the gift of the car is said to be adeemed. This means that the niece cannot receive the car because it no longer exists or is no longer owned by the person who made the will.
Ademption can also occur if the property that was the subject of a specific bequest is destroyed, given away, or no longer exists at the time of the testator's death.
To avoid confusion about what may or may not be adeemed, the phrase "if owned by me at my death" is sometimes included in the terms of a bequest of property in a will.
It is important to note that ademption should not be confused with ademption by satisfaction, which occurs when the testator has given property to a beneficiary in lieu of a testamentary gift while they are alive.