 1. A specific gift adeems, that is, fails.  See Rogers v. Carter – p. 140.

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Presentation transcript:

 1. A specific gift adeems, that is, fails.  See Rogers v. Carter – p. 140

 2. Voluntary partition among c0-owners  Regarding part testator still owns, no ademption.

 3. Pro tanto (“only to that extent”)  Regarding part testator still owns, no ademption.

 1. Beneficiary receives equivalent value  No!

 2. Executor purchases item for beneficiary  No!

 3. Tracing  No! – See Shriner’s Hospital – p. 144  Unless, involuntary sale (e.g., by a guardian)  Note: some states allow tracing into insurance proceeds

 4. Substantially equivalent gift  No!  Note: Some states allow beneficiary to receive a substantially equivalent gift if contained in testator’s estate.

 Specific  Words of Identification  Words of Possession  General

 1. Explain to client who makes specific gifts.  2. Ascertain client’s intent.  3. Document intent in will

 I leave my 1974 AMC Gremlin to X.  If this car is not in my estate at the time of death,  [this gift adeems.]  [X may select one car from my estate.]  [X receives $25,000.]  [X gets my Sony computer.]