Ademption by extinction applies to specific devises of property the testator no longer owns. Ademption by satisfaction addresses lifetime gifts intended to satisfy a bequest, and antilapse and tracing statutes provide exceptions.
General and demonstrative bequests are not adeemed.
Alternative Names:
Ademption by Extinction|Failed Bequest
Why it Matters?
Classification of the bequest determines whether ademption applies, since a specific devise of identified property fails while a general bequest of a dollar amount does not, and language naming a particular account or asset creates the specific characterization. Modern statutes provide nonademption remedies including proceeds tracing and replacement property, which soften the doctrine but require statutory analysis rather than assuming failure.
Frequently Confused with
Related terms
Frequently asked questions
What determines whether ademption applies?
What softens the doctrine?
