ademption ([schwa]-demp-sh[schwa]n), n. Wills & estates. The destruction or extinction of a testamentary gift by reason of a bequeathed asset’s ceasing to be part of the estate at the time of the testator’s death; a beneficiary’s forfeiture of a legacy or bequest that is no longer operative. • There are two theories of ademption. Under the identity theory of ademption, a devise of a specific piece of property will fail if that property is not a part of the testator’s estate upon his or her death. Under the intent theory of ademption, by contrast, when a specific devise is no longer in the testator’s estate at the time of his or her death, the devisee will receive a gift of equal value if it can be proved that the testator did not intend the gift to be adeemed. The intent theory has been codified in § 2-606 of the 1990 Uniform Probate Code.
— Also termed extinguishment of legacy. Cf. ABATEMENT; ADVANCEMENT(4); LAPSE(2). [Cases: Wills 764–771. C.J.S. Wills §§ 1742–1761, 1770–1773.] — adeem ([schwa]-deem), vb. — adeemed, adempted, adj.
ademption by extinction. An ademption that occurs because the unique property that is the subject of a specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator’s death. [Cases: Wills 767–768. C.J.S. Wills §§ 1749–1761.]
ademption by satisfaction. An ademption that occurs because the testator, while alive, has already given property to the beneficiary in lieu of the testamentary gift. [Cases: Wills 766. C.J.S. Wills §§ 1743–1744, 1753.]
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