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Mrs. White’s will states that she leaves “my home at 123 Maple Street to my son, Tom.” At the time of her death, Mrs. White had sold her home at 123 Maple Street and bought a new property at 456 Oak Avenue. How will this bequest be interpreted?
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When a will makes a specific bequest of property that the testator no longer owns at the time of their death, the bequest typically fails, a principle known as "ademption." Since Mrs. White sold the property at 123 Maple Street and did not update her will to reflect her new property, Tom will not inherit 456 Oak Avenue or its equivalent value.
Key Point: Specific bequests in a will can be subject to ademption if the specified property is no longer part of the estate at the time of the testator's death.
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