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Ademption

Ademption can be viewed as a revocation of a gift by intentionally destroying or getting rid of the gift before death. If the testator's estate does not have the property that has been bequeathed to the beneficiary it is considered to be adeemed and is handled different ways in different states and under different circumstances. A major determining factor in how it is going to be handled pertains to whether or not their is intent on the part of the testator. If the testator intentionally made sure the promised property was no longer available, the courts will most likely rule that the beneficiary receives nothing; however, if intent is not proven, the beneficiary could receive gifts equal to the amount of what was intended to be left to them.

Fast Facts

  • Ademption can be intentional or accidental, the final outcome of the will depends on which is inferred.
  • An express or intentional ademption should be recorded in a codicil to the will to make it complete and a fact of record.

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