The doctrine of ademption applies to specific bequests no longer owned by the testator at death. In general, when bequeathed property is no longer part of the estate at death, the bequest fails. As a result, the intended beneficiary receives nothing and doesn’t retain any rights to the property. 

In short, all states apply the doctrine of ademption in some form. Additionally, the following two forms of ademption make up the doctrine:

1. Ademption by extinction – This form of ademption applies when the bequeathed property is not part of the estate at the testator’s death.
2. Ademption by satisfaction – Concerns property given to a beneficiary during the life of the testator.

Although all states use the doctrine of ademption, not all states apply ademption the same way. The rest of this article will touch on the two forms of ademption.  

Ademption by Extinction

In general, ademption by extinction applies to only specific bequests. However, in the application of ademption by extinction there are two theories states use to determine ademption:

1. Identity – The identity theory, used by many states including Massachusetts, will adeem bequests that are not identified as part of the estate at death. This is the harshest form of ademption.
2. Intent – Some states will adeem bequests unless the evidence establishes that failure would be inconsistent with a testator’s intent. In this instance, the beneficiary may receive property of comparable value if this was the intent of the testator.

In the article Paying Debts and Honoring Bequests through Abatement, there are categories of bequests that states use. While using the identity theory, some states may try to change the bequest category. For instance, the probate court may change the bequest from a specific bequest to a general bequest if the court can find a reason. In effect, this will allow the beneficiary to receive some form of property. However, in states like Massachusetts, this is rare.

Ademption by Satisfaction

Generally, ademption by satisfaction applies to bequests the testator gave to a beneficiary during life. In addition, ademption by satisfaction applies to general bequests and specific bequests. However, in some states, the application of ademption by satisfaction requires one of the following:

• The will provides for deduction of the bequest.

• The testator declares in writing that the bequest is satisfied or deducted from the value of the bequest.

• Acknowledgement in writing from the beneficiary that the bequest was in satisfaction or deducted from the value of the bequest.

To illustrate ademption by satisfaction, consider the following example:

A parent wants to help a child through college. In the will, the parent leaves $100,000.00 to the child for college expenses. However, during life, the parent gave the child $50,000.00 towards college expenses. In addition, the parent declared in writing that the $50,000.00 was for the child’s education, which satisfied part of the bequest. Soon after, the parent passed away. In the estate settlement, the child received only $50,000.00. Since the parent declared in writing that $50,000.00 was for the child’s education, ademption by satisfaction applied to the bequest.  

Of course, ademption by satisfaction addresses more complicated issues such as the death of a beneficiary. However, the above example provides a basic understanding of how ademption by satisfaction distributes bequests.

The Final Word on the Doctrine of Ademption

In full disclosure, I am not an attorney nor am I qualified to discuss the doctrine of ademption in detail. The doctrine of ademption, like abatement, is a complex legal topic. Furthermore, there is much more to the doctrine of ademption than written in this article. So, if ademption is a consequence of your estate, confer with a probate attorney. 

Additionally, it’s important to note that the doctrine of ademption works for estates with wills. If there is no will in the estate, then the concept of advancements handles estates in intestacy. However, although the concept of advancements is beyond the scope of this article, ademption is similar to advancements. 

Finally, the scope of this article is simply to inform readers that if you remove bequeathed property from your estate and don’t update your will, ademption is the consequence. So, to avoid ademption, update your will whenever changes in your estate occur. The result would be an easier distribution of bequests.

Was this article helpful? Was the topic of ademption confusing? Do you understand why it’s best to avoid ademption by updating your will? Share your comments or questions in the comment area below. 

References

ARTICLE II INTESTACY, WILLS, AND DONATIVE TRANSFERS – Article II establishes the law of wills for Massachusetts. The subsections provided below relate to the topic of ademption for Massachusetts. 

Section 2-606[Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, or Insurance; Sale by Guardian of the Estate, Conservator or Agent.] PG 40 Under Comment Purpose and Scope. This comment section explains the use of the identity theory of ademption used in Massachusetts.

Section 2-609[Ademption by Satisfaction] PG 42. This subsection explains the use of ademption by satisfaction in Massachusetts including requirements and scope.