What is Ademption in Probate Cases in Illinois?

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we will answer, “What is ademption in probate cases in Illinois?” Our Illinois

probate lawyers will address:

• What is ademption in probate cases in Illinois?
• What are the types of ademption in Illinois?
• How is ademption addressed in Illinois?
• How can ademption be prevented in Illinois?

What Is Ademption In Probate Cases in Illinois?

Most testators take one of two approaches when devising gifts in their will.

The first is to leave each heir a designated percentage. For example, a testator could award each of their five children 20% of the value of their estate upon their death. Or they could award 50% of the value to their spouse and divide the remaining 50% equally or as desired between their children.

The second approach is more specific and requires the testator to leave each heir a specific gift. This could be a physical item, like a home, vehicle, or piece of jewelry, or a monetary gift (e.g. $10,000).

Both approaches are legally acceptable. But when a testator chooses the second approach, ademption…