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Date Posted:
27-Aug-2013 15:42:55
Ademption

If a gift, left in the Will, no longer remains in the deceased’s estate, it is known as an ademption. This may be as a result of sale, loss or destruction of the item. If no suitable replacement has been made the gift is void.

In cases of ademption, you should consider the following:

• If the gift is a specific legacy (explicitly referred to in the Will e.g. diamond engagement ring) and this item no longer exists, then the gift is adeemed.
• Sometimes it is possible to receive the funds from elsewhere, however, this is dependent on the wording. If it was worded as ‘£1000 to my daughter from my Santander’s account’ this could be potentially derived from another account. However, if it was worded as ‘the entirety of my Santander’s account to my daughter’ and the account no longer exists then this gift is adeemed.
• If part of the gift remains then it is referred to as ‘partially adeemed’. In these cases the beneficiary receives what remains of the gift. For example if the deceased left 2000 BP shares to his son but only 1600 BP shares remained, the son would receive all the shares that were left.
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