Ademptions

Part of speech: noun

Definitions

  1. The act or process of repealing or revoking a gift or legacy, particularly in legal contexts where a testator revokes a bequest by disposing of the property during their lifetime ; a legal principle involving the cancellation of a gift made in a will due to changes in circumstances or actions by the testator ; the extinguishment or withdrawal of a testamentary gift because the subject matter no longer exists or has been transferred before death
  2. The legal process by which a gift or bequest is annulled due to the donor's prior disposal of the subject property ; a situation in law where a legacy is effectively taken back because the item has been sold, lost, or otherwise disposed of before the testator's death ; revocation of a legacy as a result of changes in ownership or existence of the gifted property before the will takes effect
  3. The formal cancellation of a testamentary gift when the property is no longer owned by the testator at death ; the legal doctrine that voids a bequest if the originally intended property has been consumed, sold, or gifted during the donor's lifetime ; the withdrawal or nullification of a legacy due to the nonexistence or alienation of the property at the time the will is executed

Etymology: "Ademptions" is the plural of "ademption", a legal term for the cancellation of a gift in a will. Because a bequest is meant to pass property to a named heir, a testator who sells, gives away, or loses the object before death has effectively taken the gift back, and the law treats the legacy as withdrawn. The English word comes from Latin "adēmptiō", meaning "a taking away", formed from "adēmptus", the past participle of "adimō". That verb joins "ad", meaning "to" or "towards", with "emō", a verb meaning "buy" or "obtain" but also "take". Put together, the Latin verb means to take something away from someone, and the English legal term keeps that sense of a gift being taken back.

Synonyms: revocations, cancellations, withdrawals