Ademption by extinction.

 Ademption by extinction is a legal concept that applies to wills and estates. It refers to a situation where a specific gift or bequest in a will fails because the property or asset that was originally intended to be given no longer exists at the time of the testator's death.

When a testator includes a specific gift in their will, such as a particular piece of property or a specific sum of money, the gift is contingent upon the existence of that property or asset at the time of their death. If the property or asset is no longer part of the testator's estate when they pass away, the gift fails due to ademption by extinction.

There are a few reasons why ademption by extinction can occur:

  1. Sale or disposal: If the testator sells, transfers, or disposes of the property or asset before their death, the gift fails because it is no longer part of the estate.

  2. Destruction or loss: If the property or asset is destroyed, lost, or no longer in existence at the time of the testator's death, the gift is adeemed and fails.

  3. Change in nature: Sometimes, the specific asset mentioned in the will undergoes a significant change in its nature or form. For example, if the testator bequeathed a car, but it was later completely modified or replaced with a different model, the gift may be considered adeemed.

In cases of ademption by extinction, the beneficiary who was supposed to receive the specific gift will not receive any substitute or replacement unless the will specifically provides for an alternative or general gift. It is important for testators to regularly review and update their wills to ensure that their intentions are accurately reflected and that potential issues of ademption are addressed. Consulting with an estate planning attorney is advisable to navigate the complexities of wills and estates.

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Advocate Daxter Aujla.