Ademption by Extinction Law and Legal Definition

Ademption is disposal by a testator of specific property bequeathed in his or her will so as to invalidate the bequest. Ademption by extinction occurs when a testator devises a specific piece of property in his/her will and the testator no longer owns that property or the property gets substantially changed at the time of his/her death. That specifically devised property is therefore adeemed, and the devise fails. For example, a testator makes a will giving her niece a diamond necklace. Before she dies, she sells the necklace. Since the testator no longer owns the diamond necklace when she dies, that specific bequest is adeemed by extinction.