What Does Adeem Mean?

Adeem refers to the legal doctrine of ademption, which occurs when specific property bequeathed in a will is no longer in the estate at the time of the testator's death. As a result, the gift is nullified or "adeemed," and the intended beneficiary receives nothing in its place.

Adeem Explained

Ademption typically applies to specific bequests, which are gifts of particular items of property described in a will. There are two main types of ademption:

1. Ademption by Extinction: This occurs when the specific item bequeathed is no longer part of the estate because it was sold, destroyed, or otherwise disposed of before the testator's death. For example, if a will leaves a specific car to a beneficiary, but the testator sells the car before they die, the gift is adeemed, and the beneficiary does not receive a substitute.

2. Ademption by Satisfaction: This happens when the testator gives the beneficiary the intended gift during their lifetime. In this case, the beneficiary has already received the gift, and it does not pass again under the will.

The Term Adeem in Different Legal Contexts

Wills and Estates: The doctrine of ademption is most relevant in the context of wills and estate planning. Testators need to consider the possibility of ademption when drafting their wills, especially if their assets are likely to change before death.

Probate Proceedings: During probate, the executor or personal representative of the estate must determine whether any specific bequests in the will are subject to ademption and inform the beneficiaries accordingly.

Estate Disputes: Beneficiaries who believe that ademption has unfairly affected their inheritance may contest the application of the doctrine in court, particularly if they argue that the testator intended them to receive the value of the adeemed property or a substitute gift.

Common Misconceptions About the Meaning of Adeem

One common misconception is that ademption applies to all types of bequests in a will. In reality, ademption typically applies only to specific bequests. General bequests (e.g., a sum of money) and demonstrative bequests (a specific amount to be paid from a particular source) are not subject to ademption in the same way.

Another misunderstanding is that beneficiaries are automatically entitled to a substitute or the value of the adeemed gift. Generally, if a specific bequest is adeemed, the beneficiary receives nothing unless the will explicitly provides for an alternative or if state law provides a remedy.

Additionally, some people believe that ademption by extinction and ademption by satisfaction are the same. While both involve the non-receipt of the intended gift, they arise from different circumstances—one from the unavailability of the specific item and the other from the item being given during the testator's lifetime.

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What Does Adeem Mean?

Adeem Explained

The Term Adeem in Different Legal Contexts

Common Misconceptions About the Meaning of Adeem

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