Under the identity theory of ademption, a testator leaves a specific bequest of a particular item of property that is no longer part of the estate at death. What result?

• A. The devise fails.
• B. The devise passes as a general legacy to the estate.
• C. The devise is treated as a demonstrative disposition.
• D. The devise is accelerated to the surviving spouse.

Answer: (A)

Under the identity theory, a specific bequest is tied to the exact item described. If that exact item is no longer owned by the testator at death, there’s nothing to transfer, so the gift fails. The beneficiary does not receive another item or a substitute from the estate under this theory; the bequest is adeemed. This is why the result is that the devise fails.