What is ademption?

Ademption occurs when a specific gift in a will no longer exists at death.

Where the word "Ademption" comes from

Ademption comes from the Latin adimere, to take away. The doctrine provides that if a specifically devised item is gone at death, the beneficiary receives nothing instead of a substitute, unless a statute or the will says otherwise.

Why Ademption matters

It prevents beneficiaries from claiming the value of items the deceased no longer owned. The law assumes a specific gift is personal to the item itself, so if the item was sold, destroyed, or given away, the gift fails rather than converting to cash.

Common confusion about Ademption

Ademption is often confused with abatement, but they are distinct. Ademption kills a specific gift because the item is gone; abatement reduces gifts because the estate lacks money, so the two doctrines address different problems with different results.

A real-world example of Ademption

A will leaves a specific painting to a friend. Before death, the owner sells the painting. At death, the gift is adeemed, and the friend receives nothing, because the specific item no longer exists in the estate.

A worked example of Ademption

A man's will gives his sailboat to his brother, but the man sells the sailboat and deposits the proceeds in a bank account before he dies. The brother receives nothing, because the sailboat is gone and ademption applies, even though the estate holds the sale proceeds. Some states allow the beneficiary to claim proceeds if the sale occurred after incapacity, but in most cases the specific gift simply fails, which is why specific gifts are risky.

How Ademption works in practice

If you want a beneficiary to receive the value of an item rather than the item itself, say so in the will, because ademption may otherwise leave them with nothing. Keep wills updated when you sell or replace specific assets. If you are a beneficiary of a specific gift, check whether the item still exists before assuming you will receive it, and ask the executor early in the process.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.