Paralegal Certification PrepTorts and Property LawHard
A will includes a provision that states, 'I give and bequeath my entire stamp collection to my nephew, John.' However, at the time of the testator's death, the stamp collection had been stolen and was never recovered. What is the legal term for what has happened to this specific gift?
- ADisclaimer
- BLapse
- CAdemption
- DAbatement
Show answer & explanationAnswer & explanation
Correct answer: C. Ademption
Ademption occurs when a specific legacy or devise in a will fails because the property is no longer in the testator's estate at the time of death. Since the stamp collection was stolen and not recovered, it no longer exists for the nephew to inherit.
Why the other options are wrong
- A. Disclaimer is when a beneficiary refuses to accept a gift.
- B. Lapse occurs when a beneficiary dies before the testator, and the gift fails unless an anti-lapse statute applies.
- D. Abatement occurs when estate assets are insufficient to satisfy all bequests, requiring some gifts to be reduced.
Ademption
The failure of a specific bequest or devise in a will because the property is no longer in the testator's estate at the time of their death.
- Applies only to specific gifts.
- Gift is no longer owned by the testator.
- May be partial or total.
Memory trick: Adequate Abatement Lapses Disclaimed.