Ademption by General Legacy

In one sentence

A will gift fails because the estate lacks the money or property to pay it.

Plain English

When a will promises a specific amount of money or a type of property (not a particular item) but the estate doesn't have enough assets to pay it, the gift may be reduced or eliminated. This typically happens when the estate shrinks due to debts, taxes, or poor investments. The beneficiary receives nothing, or only a partial payment if funds are available.

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Example

A will promises to give $100,000 to a nephew, but after paying debts and taxes, the estate only has $30,000 left. The nephew receives the remaining $30,000 instead of the full $100,000 promised.

Used in a sentence

“Because the estate was insolvent, the $50,000 general legacy to the charity was reduced to $10,000 due to ademption by general legacy.”

Related terms

Lapse

An offer that expires because a deadline passes or too much time has gone by.

Testamentary Capacity

The legal and mental ability required to make a valid will or trust.

Holographic Will

A will written entirely in the testator's own handwriting without witnesses.

Probate Estate

Property owned by a deceased person that passes through the court-supervised probate process.

Non-Probate Assets

Property that passes to beneficiaries outside the probate process, bypassing court involvement.

Homestead Exemption

A legal protection that shields a primary residence from creditors' claims up to a certain value.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.