Definition
Ademption is the automatic failure of a specific gift in a will when the testator no longer owns that particular item at death, leaving the intended beneficiary with nothing.
Understanding ademption is crucial when planning specific gifts like property, vehicles, or shares in your will.
What Does Ademption Mean?
Ademption is a common law doctrine applying exclusively to specific legacies—particular identified items like "my house at 15 Oak Avenue" or "my Porsche 911 registration AB12 CDE." It never applies to general legacies such as "£10,000." When the specific item no longer exists at death, the gift fails automatically. This differs from abatement (insufficient assets) and lapse (beneficiary dies first).
UK law applies strict "identity theory." If the specific item isn't in the estate at death, the beneficiary receives nothing—not sale proceeds, not replacements, not insurance payouts unless exceptions apply. Margaret's will leaves "my house at 15 Oak Avenue" to daughter Emma. Margaret sells Oak Avenue for £320,000. When Margaret dies, Emma receives nothing—the gift is adeemed.
The Re Slater test from Re Slater [1907] 1 Ch 665 addresses share reorganisations: "Is the change merely in name or form, but substantially the same thing?" If Sarah's ABC Ltd shares convert to XYZ Plc shares through a merger, the investment may be "substantially the same," preventing ademption. If ABC was liquidated for cash that Sarah reinvested, ademption applies.
The Mental Capacity Act 2005 provides a crucial exception. When a deputy or attorney sells an asset on behalf of someone lacking capacity, the beneficiary may be entitled to sale proceeds through court application. Partial ademption is also possible: a will leaving "my 10,000 shares" with only 6,000 remaining means the beneficiary receives 6,000 shares.
Common Questions
"My mother's will leaves me her house, but she's selling it to move into care—will I still inherit something?" No. When a specific gift no longer exists at death, you receive nothing, even though your mother received sale proceeds. However, if she lacks capacity and the sale is by an attorney under the Mental Capacity Act 2005, you may be entitled to proceeds through court application.
"My father's will leaves me 'his car,' but he's changed cars three times—which car do I get?" If it says "my car," you receive whichever car he owns at death. If the will specifies a particular car by registration and that car no longer exists, the gift is adeemed and you receive nothing.
"The will leaves me shares in a company that was taken over—do I still get the replacement shares?" You may receive replacement shares under the Re Slater test if the change was "merely in name or form" while remaining "substantially the same thing." If shares were converted in a takeover with the investment essentially unchanged, ademption likely doesn't apply.
Common Misconceptions
Myth: "If my father sells the house he left me in his will, I'll get the money instead"
Reality: When a specifically gifted item is sold, the beneficiary receives nothing—not the sale proceeds, not a replacement asset. The only exception is when the sale is by an attorney or deputy under the Mental Capacity Act 2005, where special protections may apply.
Myth: "Ademption only happens if you deliberately sell something—not if an item is lost or destroyed"
Reality: Ademption applies whenever the specific item no longer exists at death, regardless of how it disappeared. Whether sold, stolen, lost, destroyed, or given away, the gift fails. Insurance payouts generally remain in the general estate.
Related Terms
Understanding Ademption connects to these related concepts:
- Specific Legacy: Ademption only applies to specific legacies, never to general legacies.
- Abatement: Occurs when insufficient assets require pro-rata gift reduction.
- Lapse: Alternative failure mechanism when a beneficiary dies before the testator.
- Partial Intestacy: Potential consequence when ademption causes major gifts to fail.
- Beneficiary: The affected party who loses out when ademption occurs.
Related Articles
- Estate Planning Fundamentals: Covers avoiding ademption through proper gift structuring.
- Making Specific Gifts in Your Will: Explains how to make specific gifts with ademption as the primary risk.
- Planning for Property and Investments: Addresses handling assets vulnerable to ademption.
- Pre-Retirement Estate Planning: Explains how downsizing and care home moves create ademption risk.
Need Help with Your Will?
Understanding ademption helps you structure gifts that remain valid even as your assets change. Proper wording can prevent disappointed beneficiaries.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.