Bequest is missing, bene takes nothing — name the doctrine.

Bequest is missing, bene takes nothing — name the doctrine.

• A. ADEMPTION BY EXTINCTION (WILLS)
• B. LAPSE (WILLS)
• C. ADEMPTION BY SATISFACTION (WILLS)
• D. TESTAMENTARY CAPACITY (WILLS)

Answer: (A)

The situation reflects ademption by extinction. When a specific bequest is not part of the testator’s estate at death—because the exact asset was sold, destroyed, or given away before death—the gift is extinguished and the beneficiary receives nothing from that bequest. For example, if the will leaves a specific painting to someone, but the painting was sold before death, that beneficiary cannot claim the painting. This differs from ademption by satisfaction (where the testator gives another asset or money before death to satisfy the bequest), lapse (where the named beneficiary predeceases the testator or a condition fails, causing the gift to fail), and testamentary capacity (the mental ability to create a will, not the treatment of specific bequests).

The situation reflects ademption by extinction. When a specific bequest is not part of the testator’s estate at death—because the exact asset was sold, destroyed, or given away before death—the gift is extinguished and the beneficiary receives nothing from that bequest. For example, if the will leaves a specific painting to someone, but the painting was sold before death, that beneficiary cannot claim the painting.

This differs from ademption by satisfaction (where the testator gives another asset or money before death to satisfy the bequest), lapse (where the named beneficiary predeceases the testator or a condition fails, causing the gift to fail), and testamentary capacity (the mental ability to create a will, not the treatment of specific bequests).