What does Ademption indicate about a gift in a will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

Ademption refers to a legal concept that applies in the context of wills and bequests. It indicates that if a specific gift made in a will, such as a particular piece of property or asset, no longer exists at the time of the testator's death, that gift is considered to have been adeemed. Essentially, ademption means the gift is canceled or rendered ineffective because the item is no longer part of the estate.

This often occurs when the testator sells, gives away, or otherwise disposes of the gifted property during their lifetime. As such, the intended beneficiary cannot claim the gift, and there is no substitute unless explicitly stated within the will itself, which is not part of the ademption doctrine.

Understanding ademption is significant for beneficiaries and estate administrators, as they must be aware that specific bequests may not be fulfilled if the named property is no longer available when the testator passes away.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy