Ademption

Ademption is a legal principle relating to wills and inheritances wherein a bequest is nullified or revoked because the specific property designated in the will is no longer in the testator's estate at the time of their death. Essentially, if the item bequeathed has been removed, sold, or otherwise disposed of, the intended beneficiary is said to have experienced ademption.

The principle of ademption has its roots in Roman law, where the possession and ownership of property were considered critical to the effectiveness of testamentary bequests. It has been integrated into modern common law systems as a means to address the preservation of a testator's intent.

In contemporary legal practice, courts apply the principle of ademption primarily in the interpretation of wills and the administration of estates. If a specific item mentioned in a will is no longer owned by the testator, the intended beneficiary may be left without that particular bequest, which underscores the importance of clear drafting in estate planning.

• If a testator bequeaths a specific painting to a beneficiary but sells or gifts that painting before their death, the beneficiary does not receive a comparable item or monetary equivalent.
• A will states that a certain car is to be bequeathed to a child, but the testator sells that car and buys a different model before their death; the child cannot claim the new car as an alternative.

• Hoffman v. Mientus, 347 N.W.2d 467 (Minn. 1984)