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

Mrs. Iyer, a Hindu widow, executed a will leaving her house to her daughter. She later sold the house during her lifetime and bought a flat, which she did not mention in a fresh will. She then died. Under the doctrine applicable to specific bequests, what is the likely position regarding the daughter's claim to the house?

The daughter gets nothing under that bequest because a specific legacy is adeemed when the named asset is no longer in the estate at death. The house was sold, the new flat was not named, and the buyer's title stays valid.

  1. AThe daughter gets the flat, as it replaces the house
  2. BThe daughter gets nothing from that bequest, as the specific bequest is adeemed because the house no longer exists in the estate at deathCorrect
  3. CThe daughter gets the sale proceeds in cash from the legal heirs
  4. DThe bequest remains valid and the buyer must return the house

Explanation

A specific legacy fails by ademption when the particular asset is not part of the estate at the testator's death. The house was sold in her lifetime, so the bequest fails. The flat was not named in the will, so it is not substituted, and the sale to the buyer is valid. The flat passes by intestate succession or other will provisions.

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