Devise by Will

Question 1

Ademption

Answer 1

Ademption occurs where a testator has devised a specific property to a specific party under his will, but that specific property is no longer a part of the estate at the time of testator’s death. The general rule is that the gift is “adeemed,” in other words fails , and the legatee gets nothing.

Question 2

Exoneration

Answer 2

Exoneration is the general rule that when a person receives a bequest of specific property, and that property is subject to a lien or mortgage, the encumbrance will be paid off with the estate’s personal property, and the recipient receives the property “free and clear” of the mortgage, unless the testator indicated a contrary intent.

Question 3

Lapse and antilapse

Answer 3

The common law doctrine of lapse provides that if a beneficiary named in a will predeceases the testator, the bequest fails . Most states have antilapse statutes that allow the predeceased beneficiary’s heirs to take, especially if they are kin to the testator.

Question 4

Devise by will

Answer 4

Property may be conveyed by will. Several issues can arise.

1. Ademption
2. Exoneration
3. Lapse and Anti Lapse