Ademption refers to the situation where a gift specified in a will cannot be delivered to a beneficiary because the asset is no longer in the decedent's possession at the time of their death. This can happen if the property was destroyed, sold, or given away before the decedent passed away. Essentially, when a specific bequest is adeemed, it means that the intended gift cannot be fulfilled.
Ademption is primarily relevant in estate planning and probate law. It is important for individuals drafting wills to understand this concept to ensure that their intended gifts are conveyed properly. Legal practitioners often deal with ademption when settling estates, as it affects how assets are distributed to beneficiaries. Users can benefit from legal templates that help clarify and document their intentions regarding specific bequests.
Here are a couple of examples of abatement:
Example 1: A person bequeaths a specific car to their friend in their will. If the car is sold before the person's death, the gift is adeemed, and the friend will not receive the car.
Example 2: A decedent leaves a specific piece of artwork to a family member, but the artwork is destroyed in a fire before the decedent's death. In this case, the gift is also considered adeemed.
Examples of state differences (not exhaustive):
| State | Ademption Rules |
|---|---|
| California | Follows the general rule of ademption but allows for some exceptions. |
| New York | Specific bequests are adeemed if the property is not in the decedent's estate at death. |
| Texas | Ademption applies similarly, but state laws may provide additional protections for beneficiaries. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Ademption | The revocation of a specific gift in a will when the property is no longer available. |
| Abatement | The reduction of bequests when the estate does not have enough assets to pay debts. |
| Revocation | The act of canceling a will or a specific provision within a will. |
If you believe ademption may affect a bequest in your will, consider the following steps:
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If a specific gift is adeemed, the beneficiary will not receive that gift, and it will not be replaced with a cash equivalent unless stated in the will.