Ademption applies to which type of gift?

• A. General gifts
• B. Demonstrative gifts
• C. Specific gifts
• D. All gifts

Answer: (C)

Ademption is the extinction of a bequest when the exact asset named in the will is no longer in the decedent’s estate at death. This doctrine applies only to specific gifts—the exact item described. If the specific asset isn’t there at death, the bequest fails and the beneficiary receives nothing from that item.

For example, if the will leaves the beneficiary the testator’s exact car and that car has been sold or given away before death, the beneficiary does not receive that car or its value under the will. General gifts, such as a fixed sum of money, and demonstrative gifts, which are a sum to be paid from a specified source, are not subject to ademption. They can be satisfied from other assets if necessary. This is why the correct type of gift ademption applies to is the specific gift.