Adeptly Avoiding Ademption

Many things can change between the drafting of a will and the death of a testator. One increasingly common event is that testators require specialist aged care and their only substantial asset – the family home – is sold to fund that care. These arrangements can have an unexpected impact on the will. The doctrine of ademption can cause a specific gift of the house to fail, though there is growing recognition of an exception for cases involving the sale of property made on behalf of an infirm testator