ademption

ademption
ademp·tion /ə-'demp-shən/ n [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain]
1: the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies
2: the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement
◇ Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption.

Merriam-Webster’s Dictionary of Law. . 1996.

ademption
I noun abnegation, abolishment, abolition, abrogation, annulment, cancellation, cancellation of a legacy, contravention, disclamation, discontinuance, disownment, dissolution, extinction, invalidation, negation, nullification, recall, renouncement, renunciation, repeal, repudiation, rescindment, rescission, retraction, revocation, revokement, vacation, vacatur, voidance, withdrawal, withdrawment associated concepts: ademption of a bequest, ademption of a devise, ademption of a gift, ademption of a legacy, operation of law, satisfaction II index taking

Burton's Legal Thesaurus. . 2006


ademption
n.
Revocation of a legacy by a testator before the testator’s death, sometimes by giving the recipient the property mentioned in the will before death, and sometimes by disposing of the property in such a way that it is impossible to carry out the will.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


ademption
The failure of a bequest of property in a will. The gift fails (is "adeemed") because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed, or given away to someone other than the beneficiary named in the will. If a bequest is adeemed, the beneficiary named in the will might be out of luck; it depends on state law. For example, say Mark writes in his will, "I leave to Rob my Honda Accord," but then trades in the Accord for a new hybrid. When Mark dies, Rob might get nothing or might receive the hybrid, depending on state law. States that have adopted the Uniform Probate Code generally allow a beneficiary to get something in this situation. (See also: ademption by satisfaction)
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.


ademption
n. The reduction, extinction, or withdrawal of a devise or legacy by some act of the testator, before his or her death, that clearly indicates an intent to diminish or revoke it.

Webster's New World Law Dictionary. . 2000.


ademption
The failure of a gift of personal property—a bequest—or of real property—a devise— to be distributed according to the provisions of a decedent's will because the property no longer belongs to the testator at the time of his or her death or because the property has been substantially changed.

Dictionary from West's Encyclopedia of American Law. 2005.


ademption
The failure of a gift of personal property—a bequest—or of real property—a devise— to be distributed according to the provisions of a decedent's will because the property no longer belongs to the testator at the time of his or her death or because the property has been substantially changed.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

ademption
n.
   the act of adeeming, which is revoking (getting rid of) a gift mentioned in a will by destruction, or selling or giving away the gift before death.
   See also: adeem

Law dictionary. . 2013.


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