ADEMPTION

Summary

Ademption is a legal concept in estate planning where a specific gift mentioned in a will becomes impossible to give because the item no longer exists or belongs to the deceased person when they die. Think of it as a 'gift that vanishes' - if someone's will says 'I leave my red car to my nephew,' but they sold that car before dying, the nephew gets nothing because the specific gift has been 'adeemed' or extinguished. This differs from general gifts of money, which can usually still be fulfilled from the estate's assets.

Usage Context

Understanding ademption is crucial when studying wills and estates, probate law, and estate planning. It's particularly important when analyzing how specific bequests are handled during estate administration and when advising clients on will drafting to avoid unintended consequences.

Common Confusions

• Thinking that adeemed gifts are replaced with equivalent value from the estate
• Confusing ademption with abatement (reduction of gifts due to insufficient estate assets)
• Assuming ademption applies to general monetary gifts instead of just specific property
• Believing the testator's intent can override ademption rules
• Mixing up ademption with lapse (when a beneficiary dies before the testator)