A Specific Devise of Property the Testator Did Not Own at the Time of Will Execution Does Not Adeem

In Washington, a husband and his wife conveyed all of their interest in real property to a charitable foundation. They subsequently executed wills making specific bequests of the same property to the same foundation. The couple and their son brought a negligence action against the foundation and the various attorneys and accountants involved with its creation and operation. After the deaths of husband and wife, foundation and the professional defendants moved to dismiss the negligence action arguing that even if the estates recovered the real property it would pass under the wills to the foundation.

The court in In re Estate of Frank, 189 P.3d 834 (Wash. Ct. App. 2008), affirmed summary judgment for the defendants, holding that ademption applies only to property owned by a testator at the time a will is written.