In the field of estate planning and probate law, the legal doctrine known as “ademption” is an important construct to understand. You should speak with a good estate planning lawyer in your state for further information about the laws where you live.
The basic definition of ademption is provided once again by my favorite law dictionary:
n. the act of adeeming, which is revoking (getting rid of) a gift mentioned in a will by destruction, or selling or giving away the gift before death.
The meaning of the definition is relatively simple. When a Will is made by someone it often includes certain property – let’s say a house – that is to be given to a specific beneficiary. However, as the Will-maker gets older, the house may be sold for any number of reasons. So, what happens to the beneficiary’s interest in the house if it is sold by the Will-maker prior to his or her death? The house gets adeemed, meaning the beneficiary can’t receive it because the Will-maker no longer owns it. It is no longer probate property.
Because the house is no longer probate property (it doesn’t belong to the decedent or Will-maker), it can’t be given to the beneficiary named in the Will. Thus, the beneficiary is usually out of luck and is not entitled to any interest in the house. This is despite the fact that the beneficiary was specifically named in the Will as the person who should receive the house.
Think about the fairness of this doctrine. Should a beneficiary receive the house or should a person who paid the Will-maker money for the house get ownership of it? I would go with the person who pays value every time and so does the law.
Like many legal doctrines, the doctrine of “ademption” is meant to be fair and provide justice for innocent purchasers. Can you imagine how difficult it would be to have a record of title for a piece of real property if it could be transferred by sale AND be transferred by Will to a separate person? It wouldn’t work. Thus, the law steps in and tries to organize things for society. I find that pretty cool.
Again, you should talk with a qualified estate planning lawyer in Minnesota for further information about the doctrine of ademption in your state. The laws change from state to state and you certainly shouldn’t rely on blogs like this one for your legal advice.
