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NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Tools for Estate Planning

Mr. Rao, aged 70, executes a registered will in 2020 leaving his flat to his son. In 2024 he sells the flat and buys another in a different city, without changing the will. After his death, what is the most likely consequence for the bequest of the original flat?

The specific bequest fails by ademption because the flat named in the will was no longer owned at death. The new flat does not automatically pass under that clause, though the rest of the will stays valid. This is why wills should be reviewed after major asset changes.

  1. AThe bequest of the specific flat fails (adeems) because it was not part of the estate at death, and the new flat does not automatically pass under itCorrect
  2. BThe new flat automatically passes to the son under the same clause
  3. CThe sale proceeds must be given to the son by law
  4. DThe entire will becomes invalid because of the sale

Explanation

A specific bequest of an asset that the testator no longer owns at death fails (ademption). The will remains valid for other clauses, and the new flat is not automatically substituted unless the will so provides. This shows why wills should be reviewed after major transactions.

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