What is the primary consequence of ademption when a specific bequest is involved?

Ademption is a legal principle that applies primarily to specific bequests in a will, where a testator leaves a particular piece of property to a beneficiary. The primary consequence of ademption is that if the testator does not own the specific property at the time of their death, the gift fails. This means that the intended beneficiary will not receive anything in place of the specific bequest, as the intention to leave that particular item to the beneficiary is unfulfilled.

The essence of ademption lies in the idea that specific bequests are tied to specific items. If the testator had disposed of the item, either by sale, gift, or some other means, during their lifetime and no replacement item was provided, the bequest simply does not exist anymore. This can lead to scenarios where a beneficiary expected to receive a particular item based on the will is left empty-handed, highlighting the rule that a specific legacy is extinguished if the testator no longer possesses the item at their death.

This principle underscores the importance for testators to ensure their wills accurately reflect their intentions and to be aware of their assets up until their death. It is also crucial for beneficiaries to understand this principle, as they may need to verify the status of specific bequests