Tag Archives: missing gifts in wills

What If a Gift in a Will No Longer Exists?

What happens if a specific gift you were promised under a will no longer exists at the time of the testator’s death? The short answer is the missing gift fails, and you may have no claim to an equivalent benefit from the estate. For example, if your father left you his Honda in his will and subsequently sold the Honda and bought a Mercedes, then you would no longer be entitled to the Honda. Nor would you be entitled to the Mercedes in its place. The same principle applies to real property. The result may seem harsh, but it is based on sound policy consideration.

The legal term describing this principle is “ademption”, the doctrine of which has long been the law throughout Canada.   The policy underlying ademption is that people should have the freedom to deal with their property as they wish during their lifetime. If a gift is no longer part of the estate at the time of a testator’s death, then it is assumed that the gift has been revoked through the testator’s conduct.

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