Ademption

Question 1

ADEMPTION BY EXTINCTION

Answer 1

Ademption refers to the failure of a gift because the property is no
longer in the testator’s estate at the time of their death. Applies to Specific Devises and Bequests
Ademption applies only to specific devises and bequests.

Question 2

Partial Ademption

Answer 2

A gift may be partially adeemed, as where the testator devises a large tract of land and then conveys a portion of the tract during their life. The beneficiary takes the remaining portion.

Question 3

ADEMPTION BY SATISFACTION

Answer 3

A testamentary gift may be satisfied in whole or in part by an inter vivos transfer from the testator to the beneficiary after the execution of the will, if the testator intends the transfer to have that effect.

Question 4

EXONERATION OF LIENS

Answer 4

While the common law and some states follow the contrary view,
the UPC and a large number of states provide that liens on specifically
devised property are not exonerated (paid off with estate
funds) unless the will so directs. This means the beneficiary takes
the property subject to the debt.