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Ademption

Where a specific gift fails because the asset no longer exists at death.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Where a specific gift fails because the asset no longer exists at death.

In Islamic law

Faraid works in fractions rather than named items, so it does not encounter the problem.

In Canadian law

If a will leaves a named car that was sold years earlier, the gift simply fails; the beneficiary receives nothing in its place.

Across the madhahib

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
Further reading — Treadstone Law
  1. Rrsp no named beneficiary death ontario — Treadstone Law
  2. What happens if no beneficiary named ontario — Treadstone Law
  3. Transferring a car after death ontario probate — Treadstone Law
  4. Dependant support secured against specific asset ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law