Legal Definitions - ademption

Ademption occurs when a specific gift promised in a will cannot be given to the intended beneficiary. This happens because the property no longer exists or is not owned by the person who made the will at the time of their death, causing the gift to fail.

Ademption occurs in estate law when a specific gift promised in a will cannot be given to the intended recipient because the item no longer exists or is no longer owned by the person who made the will (the "testator") at the time of their death. Essentially, if a will promises a particular asset, but that asset has been sold, destroyed, lost, or given away before the testator passes away, the gift is considered "adeemed" and the beneficiary will not receive it.

This concept applies only to specific gifts, meaning items that are uniquely identified in the will (e.g., "my antique grandfather clock" or "my shares in XYZ Corp."). It does not typically apply to general gifts, such as a sum of money, which can usually be paid from other assets in the estate.

Here are a few examples to illustrate ademption:

• Example 1: Sale of a Specific Asset

  Imagine a will states, "I leave my 1965 Mustang convertible to my grandson, Alex." Years later, the will-maker decides to sell the Mustang because they can no longer drive it and need funds for medical expenses. When the will-maker passes away, the Mustang is no longer part of their estate. In this scenario, the gift to Alex is adeemed. Alex will not receive the car, nor is he entitled to the cash equivalent of the car from the estate, because the specific item promised no longer exists in the estate.

• Example 2: Destruction of a Unique Item

  A will includes the provision, "My unique collection of first-edition mystery novels shall go to my niece, Clara." Unfortunately, a house fire occurs a few years before the will-maker's death, and the entire book collection is destroyed beyond repair. Since the specific collection of novels no longer exists at the time of the will-maker's passing, the gift to Clara is adeemed. She will not receive the books, as they were physically destroyed.

• Example 3: Change in Form of an Asset

  Consider a will that states, "I bequeath my savings account at First National Bank, account number 12345, to my friend, Ben." Before their death, the will-maker closes that specific account at First National Bank and transfers all the funds into a new investment account at a different financial institution. Because the specific account identified in the will (account number 12345 at First National Bank) no longer exists as an asset in the estate, the gift to Ben is adeemed. The fact that the money still exists elsewhere does not prevent ademption of the specifically identified bank account.