What Is the Ademption Doctrine?

The general rule of ademption states that when a property mentioned in a will is no longer in the estate's possession, the property or its cash equivalent is not passed to the beneficiary. When this occurs, the property is considered adeemed.

What is the effect of ademption?

Ademption provides certainty in the law of wills. It goes hand in hand with the principle of interpreting a will within its four corners, and is in accordance with the “golden rule [of giving] effect to the testator's intention as ascertained from the language which the testator has used”.”

What does abatement mean in a will?

Abatement is the rule which applies where the testator's estate is solvent, but unable to satisfy all legacies in full following the payment of any tax and administration expenses. As a result, the gifts in the Will are reduced in a certain order depending on the nature of the estate.