What Happens When a Gift in Your Will Fails? Understanding Lapse and Ademption in Estate Planning

By: Sarah Meinhart, estate attorney in Ann Arbor

How Future Changes Can Impact Your Estate Plan

Life doesn’t stand still—and neither do your assets or relationships. That’s why it’s essential to understand how unexpected events can impact the distribution of your estate. Two legal concepts that often arise in estate planning are lapse and ademption. Both involve situations where a gift in a will cannot be delivered as intended.

What is a lapse?

A gift lapses when the person set to receive it (the beneficiary) dies before the person who made the will (the testator). When this happens, the gift typically fails—unless the will names an alternate beneficiary.

What is Ademption?

Ademption occurs when the specific item left to someone in a will—like a car, a piece of jewelry, or money from a particular account—is no longer part of the estate at the time of death. This often happens when a will is written years in advance and the testator's assets change over time.

In most cases, if the asset no longer exists, the gift fails and the intended beneficiary receives nothing. However, determining whether a gift has adeemed isn't always straightforward. Factors like how the gift is described in the will or whether it still partially exists can influence the outcome.

Why Working With an Estate Attorney Matters

Being aware of lapse and ademption helps testators make informed choices when writing or updating a will. With proper planning, it's possible to add safeguards—such as naming alternate beneficiaries or reviewing the will periodically to account for changes in assets.

If you have questions about how lapse or ademption might affect your estate or a loved one’s will, it’s wise to consult with an experienced estate attorney in Ann Arbor. Our team can help you navigate the complexities of estate law, from asset protection to trust taxation.

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