What term describes revoking a gift mentioned in a will by destruction or disposing of it before death?

Study for the Cannon Trust School Level I Exam. Learn with flashcards and multiple-choice questions, each with detailed hints and explanations. Prepare confidently for your exam and gain certification!

Multiple Choice

What term describes revoking a gift mentioned in a will by destruction or disposing of it before death?

Explanation:
The main idea here is ademption, specifically ademption by extinction. When a will names a specific gift and the testator destroys or disposes of that exact property before death, the bequest is considered adeemed and does not pass to the beneficiary at death. The reason this is the correct term is that ademption describes the failure of a specific gift due to the testator no longer holding the item when death occurs. Bequest refers to the gift itself, not its revocation. Abatement deals with reducing gifts to pay debts or taxes when the estate isn’t large enough to cover everything, not with destroying a specific asset. Lapse occurs when the beneficiary dies before the testator, causing the gift to fail for that reason, not because the asset was destroyed.

The main idea here is ademption, specifically ademption by extinction. When a will names a specific gift and the testator destroys or disposes of that exact property before death, the bequest is considered adeemed and does not pass to the beneficiary at death. The reason this is the correct term is that ademption describes the failure of a specific gift due to the testator no longer holding the item when death occurs.

Bequest refers to the gift itself, not its revocation. Abatement deals with reducing gifts to pay debts or taxes when the estate isn’t large enough to cover everything, not with destroying a specific asset. Lapse occurs when the beneficiary dies before the testator, causing the gift to fail for that reason, not because the asset was destroyed.

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