Ademption (of legacies)

A specific legacy ( in a will fails to take effect (adeems) if the testator no longer owns that particular asset when he dies.

If the testator does not want a legacy to adeem, he can specify that it includes a replacement asset, for example, "any other car that I own at my death" or "any other property that is my sole or main residence at my death" (see Standard document, Master Will with drafting notes: Drafting notes: Describing Personal Possessions ( and Property ( ). If the testator does not make an express statement, the question of whether replacement assets are included in a legacy is a question of construction of the will concerned.

Ademption does not affect general legacies ( or demonstrative legacies ( .

Ademption should not be confused with abatement ( .

For more information about ademption, see Ask the team: What happens when a will contains a gift of a house that has been sold before the testator's death by his attorney? ( .

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247444903384", "objName" : "Ademption (of legacies)", "userID" : "2", "objUrl" : "", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "2-40e00097:15b13aa2a02:2645", "analyticsSessionCookie" : "2-40e00097:15b13aa2a02:2646", "statisticSensorPath" : "" }