May 01, 1996

Ademption: Cracks in the Identity Theory Provide Opportunities (1996, 10:03)

Ademption: Cracks in the Identity Theory Provide Opportunities

Probate and Property, May/June 1996, Volume 10, Number 3

By Bruce L. Stout

The rule of ademption has existed for almost as long as there have been wills. The general rule of ademption is that if property constituting a specific bequest or devise is no longer in the decedent's possession at his or death, then neither the asset nor its cash equivalent passes to the beneficiary.

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