Bequest missing: which doctrine?

Bequest missing: which doctrine?

• A. LAPSE (WILLS)
• B. Gifts to Children (WILLS)
• C. OMITTED SPOUSE (WILLS)
• D. ADEMPTION BY EXTINCTION (WILLS)

Answer: (D)

Ademption by extinction is the rule that applies when a specific bequest is tied to an asset that the testator no longer owns at death. If the will promises X “my diamond necklace” and that necklace has been sold, destroyed, or given away before death, there is nothing left in the estate to pass as that exact gift. The bequest is extinguished, and X gets nothing from that item. This is different from lapse, which happens when the beneficiary dies before the testator, potentially shifting the gift to others or the residue. The other doctrines deal with different situations unrelated to the fate of a specific asset that disappears from the estate.

Ademption by extinction is the rule that applies when a specific bequest is tied to an asset that the testator no longer owns at death. If the will promises X “my diamond necklace” and that necklace has been sold, destroyed, or given away before death, there is nothing left in the estate to pass as that exact gift. The bequest is extinguished, and X gets nothing from that item. This is different from lapse, which happens when the beneficiary dies before the testator, potentially shifting the gift to others or the residue. The other doctrines deal with different situations unrelated to the fate of a specific asset that disappears from the estate.