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Ademption

When property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.

When property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.

For example, the particular gift may have been destroyed, sold or given away between the time of the will and the time of death.

Lawyers refer to such a gift as having adeemed.

Compare this with abatement.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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