Wills, Estates & Probate

Ademption

In plain English

When a specific item left in a will no longer exists at the time of death, so the gift simply fails.

What it means

Ademption occurs when a specific gift in a will cannot be given because the asset no longer forms part of the estate at death, for example, the will-maker sold the car or shares they had left to someone. The gift is said to be 'adeemed', and the beneficiary usually receives nothing in its place. There are exceptions across Australian jurisdictions, including statutory protections where an asset was dealt with by an attorney or administrator on behalf of a person who had lost capacity.

How it's used

Because the house she left to her son had been sold years earlier, the gift failed through ademption.

Dealing with ademption in real life?

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