ADEMPTION Meaning and
Definition
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Ademption refers to a legal doctrine that applies to the law of wills and estates. Specifically, it deals with the situation when a gift or legacy that was outlined in a testator's will cannot be fulfilled because the specific property or asset that was intended to be given no longer exists or is no longer a part of the testator's estate at the time of their death.
When adeption occurs, the intended beneficiary of the gift loses their entitlement to that specific item or property. Instead, the gift is treated as if it was never included in the will. This means that the beneficiary will not receive any other substitute item or any compensation in lieu of the omitted gift.
Ademption can take different forms depending on the jurisdiction and the circumstances. It may be classified as either "by extinction" or "by satisfaction." A gift may be considered adeemed by extinction if the testator no longer owns the specific property or asset, it has been destroyed, or it has been significantly changed in nature before their death.
On the other hand, ademption by satisfaction may occur when the testator, during their lifetime, transfers the intended gift to the intended beneficiary. In this scenario, the gift no longer forms part of the testator's estate at the time of their death, and thus, ademption applies.
Ademption prevents unintended consequences and ensures that the intentions of the testator are realized when their will is executed.
Common Misspellings for ADEMPTION
- zdemption
- sdemption
- wdemption
- qdemption
- asemption
- acemption
- afemption
- aremption
- aeemption
- adwmption
- adsmption
- addmption
- adrmption
- ad4mption
- ad3mption
- adenption
- adekption
- adejption
- ademotion
Etymology of ADEMPTION
The word "ademption" is derived from the Latin word "adempsio", which means "a taking away" or "a removal". It is formed from the prefix "ad-" meaning "to" or "towards", and the verb "emere" meaning "to take" or "to gain". In legal context, ademption refers to the revocation or extinction of a specific gift or devise in a will due to the absence or disposal of the subject matter before the testator's death.
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