Ademption at Legal Glossary

What is it? The failure of a bequest of property in a will. The gift fails (is adeemed) because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called ademption by satisfaction). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesnt get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, I leave to Rob the family vehicle, but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

Law Definition Added By: Addison

Send To Friends!

If you'd like to send the Ademption definition to yourself or to your friends/colleagues, just enter the e-mail addresses in the boxes below -

We hope you now understand the meaning of Ademption. If you need any more information on this term, please don't hesitate to contact us.

Other Similar Legal Terms:

Law Terms dower and curtesy is A surviving spouses right to receive a set portion of the deceased spouses estate -- usually one-third to one-half. Dower (not to be confused with a dowry) refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouses dower and curtesy or statutory share rights.

Law Terms ordinance is A law adopted by a town or city council, county board of supervisors or other municipal governing board. Typically, local governments issue ordinances establishing zoning and parking rules and regulating noise, garbage removal, and the operation of parks and other areas that affect people who live or do business within the localitys borders.

Law Terms inter vivos trust is The Latin name, favored by some lawyers, for a living trust. Inter vivos is Latin for between the living.

Law Terms anticipation is In patent law, a situation in which an invention is anticipated by being too similar to an earlier invention to be considered novel. Because novelty is a requirement for a patent, anticipated inventions are not patentable. Anticipation can occur when a prior invention or printed publication matches all of the primary characteristics of the invention, or it can happen when the invention is displayed or offered for sale more than a year prior to filing a patent application. For example, a bird owner invents a device to keep her bird from picking at its tail feathers. She applies for a patent, but her application is rejected on the ground that the same device was in use 3500 years ago in Egypt. In patent-speak, the inventors creation has been anticipated by previous developments (the prior art.)

Law Terms action is Another term for a lawsuit. For example, a plaintiff might say, I began this negligence action last fall after the defendant, Ms. Adams, struck me while I was crossing the street at Elm and Main.