The failure of certain property to be passed on by will because such property is no longer owned by the testator or because the testator nullified the legacy by some act subsequent to the making of the will.
[Latin adēmptiō, adēmptiōn-, a taking away, from adēmptus, past participle of adimere, to take away : ad-, ad- + emere, to buy, take; see em- in Indo-European roots.]
The puppy we selected, with Paul's advice, CH Celtic's Fireboy's daughter out of Celtic's Ademption, grew to be a wonderful dog, but again the years passed quickly and it came time for her to retire.
Our other independent variables were factors that have long been suspected to cause conflict during estate administration: whether or not the case involved a decedent who (1) died intestate, (291) (2) executed handwritten wills, (292) (3) divided property unequally among similarly situated relatives, (4) named personal representatives who served pro se (rather than hiring a lawyer), (293) (5) owned real property that needed to be sold during the probate matter, and (6) experienced a major change of circumstances after executing the will, such as leaving assets to beneficiaries who passed away (triggering the doctrine of lapse) (294) or making specific bequests of items they did not own at death (raising issues of ademption).
(96) The Uniform Probate Code takes a stab at the problem, carving out a number of exceptions from the traditional doctrine of ademption by extinction, but again without the guidance of empirical data.
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