#41 · 2026-09-16 · Legal term
Ademption by extinction
Under the stated identity rule, the specifically gifted violin's absence causes ademption by extinction. A general cash gift would raise a different issue, and modern statutes may preserve some specific gifts or replacement value.
Rule to remember
Ademption by extinction is the failure of a specific testamentary gift when its subject is no longer in the estate, subject to the jurisdiction's exceptions.
Key elements and checks
- A specific devise or bequest.
- The identified property is absent at death.
- Examine statutory exceptions and the applicable identity or intent approach.
In the source’s words
“the bequeathed assets no longer belong to the testator at the time of their death”
Cornell Wex — Ademption
Distinguish satisfaction by a lifetime gift, lapse from a beneficiary's death, and abatement for insufficient estate assets.