Estate Planning: What Is Ademption?

What happens if you left property in a will that the testator—the person who wrote the will—no longer actually owns? In Massachusetts, this issue is referred to as ademption. It happens more frequently that many people realize. Here, our Norwood estate planning attorney explains the key points to know about ademption in Massachusetts.

Ademption: Defined

The Legal Information Institute explains that ademption “occurs when the property that was the subject of a specific bequest is sold, destroyed, given away, or no longer exists at the time of the testator’s death.” In Massachusetts, the traditional rule for ademption is recognized: The intended recipient typically receives nothing in place of the missing asset.

For example, imagine that a person owned a specific sports car. They promised their grandchild that sports car and made the grandchild the beneficiary in their will. However, a year later, the testator decides to sell the car. They never updated the will. In Massachusetts, this would be an ademption issue. Most likely, the grandchild would get nothing in inheritance related to the car.

Does Massachusetts Have Ademption Exceptions? 

Yes—but they are quite limited. In Massachusetts, the doctrine of ademption by extinction generally means that if a specific bequest in a will—such as a particular piece of property—is no longer part of the estate at the time of the testator’s death, the intended beneficiary receives nothing. However, there are exceptions where beneficiaries might still receive something, including if the will has specific instructions for such a situation, like providing a substitute gift or monetary compensation when a particular asset is no longer available. 

Ademption By Satisfaction in Massachusetts

There is a related, but distinct concept called “ademption by satisfaction.” It happens when a beneficiary in question has already been giving the property/asset prior to the testator’s passing. Massachusetts law recognizes “ademption by satisfaction.” Under Massachusetts General Laws Chapter 190B, Article II, Section 2-609, a lifetime gift is considered a fulfillment of the testamentary gift, in whole or in part, when certain conditions are satisfied. 

Best Practice: Update Your Estate Plan on a Regular Basis 

Regularly updating your estate plan helps ensure that your assets are distributed according to your current wishes—especially if you have sold or transferred property named in your will. It is crucial in Massachusetts, because a specific bequest that no longer exists may be subject to ademption. That could leave the intended beneficiary with nothing. Life changes such as marriage, divorce, births, or major financial shifts can all affect your estate planning needs. You should review your estate plan every few years or after any major life event. 

Speak to Our Norwood, MA Estate Planning Lawyer Today

At Fisher Law LLC, our Norwood estate planning attorney is standing by, ready to protect your rights. If you have any specific questions and concerns about ademption, we are here to help. Contact us now for a completely confidential, no obligation case review. We provide estate planning services in Norwood and throughout the wider region in the Greater Boston area.