A Will is a legal and binding document about what should happen to a person’s property after their death. Within a Will, the Will-maker (testator) can specifically devise or leave a gift to someone. A specific devise is a gift of personal property that is described in the Will.
A Will may also contain a general devise. For example, there might be a specific gift of a piece of property to one child, with a general devise being the remainder of the estate to a second child.
The specific devise must be clearly identified. If it is not, the gift will be taken as a general devise.
What is ademption of a specific devise?
Ademption occurs when the subject matter of the devise is no longer part of the estate at the time of the Will-maker’s death, so the gift fails. Ademption can only occur with specific devises, as these gifts are identifiable parts of an estate.
A general rule of ademption is that if the subject matter of the devise changes name or form, this will not cause the devise to adeem, but if the substance has changed, it does. An example would be company shares.
Contact our Wills Lawyers based in Sydney, NSW
Szabo & Associates Solicitors can help you prepare a Will with specific and general devises if required or help you contest a Will that is felt contains an unfair Will devise. Please contact us on T: 02 9158 6507 or complete the online contact form.
