Legal Definitions - adeem

Definition: Adeem is a legal term that means to cancel or withdraw a bequest (a gift of property made in a will) because the property no longer belongs to the person who made the will (the testator) at the time of their death. This happens when the property that was supposed to be given away is sold, destroyed, given away, or no longer exists when the testator dies. To avoid confusion, some wills include the phrase "if owned by me at my death" when making a bequest of property.

Example: Let's say that in his will, John leaves his car to his son, Tom. However, before John dies, he sells the car and buys a new one. When John dies, Tom cannot inherit the car because it no longer exists. This is an example of adeem.

Another example: Mary's will states that she leaves her house to her daughter, Sarah. However, before Mary dies, she gives the house to her son, David, as a gift. When Mary dies, Sarah cannot inherit the house because it no longer belongs to Mary. This is another example of adeem.

These examples illustrate how adeem works in practice. If the property that was supposed to be given away no longer exists or belongs to the testator at the time of their death, the bequest is cancelled or withdrawn.