Tags
Ademption, Ademption by Extinction, Ademption by Satisfaction, Advancements, Beneficiaries, Beneficiary, Bequests, Doctrine of Ademption, General Bequest, Identity Theory, Intent Theory, probate, Probate Court, Specific Bequest, testator, Will
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:
- Ademption by extinction – This form of ademption applies when the bequeathed property is not part of the estate at the testator’s death.
- 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.