Ademption by Extinction

In the case In re Estate of Young, 988 N.E.2d 1245 (Ind. Ct. App. 2013) Cora Young died, and her Will provided for specific bequests of properties that she owned during her lifetime to a son. During the testator’s life she sold the properties that were the subject of specific bequests in her Will.

The Court of Appeals held: “Since the testator no longer owned the  property at the time of her death, it was adeemed by extinction and therefore the proceeds pass to the residuary beneficiary under her will.”

The proceeds from the sale did not go to the heirs who would have received the property under the specific bequests but rather went to the heir under the testator’s will who was entitled to receive the residue of her estate.

Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator’s estate at the time of the testator’s death.