Under both English and Scots succession law, ademption refers to what happens when a special legacy fails to take effect. A special legacy points to one particular item or sum. If that item or sum lies outside the estate at death, the gift does not take effect, or it is reduced. Suppose a testator once promised a cherished dictionary, but sold that book to a collector before death. The law treats that legacy as deemed, since the thing promised no longer sits within the estate.
A specific cash legacy can also be reduced. Take a promise of 1,000 pounds sterling. If the testator gives part of that money to the legatee before death, the later gift under the will drops to match what remains. Ademption also covers a change in the nature of a specific thing. When the description in the will no longer matches the thing that exists at the time of death, the legacy fails to that extent.
A specific cash legacy can also be reduced. Take a promise of 1,000 pounds sterling. If the testator gives part of that money to the legatee before death, the later gift under the will drops to match what remains. Ademption also covers a change in the nature of a specific thing. When the description in the will no longer matches the thing that exists at the time of death, the legacy fails to that extent.
