Under the common law doctrine of ademption, there was an irrebuttable presumption that the testator intended to revoke the gift; hence, the gift is said to be adeemed, and the beneficiary gets nothing. ... The modern trend is to apply ademption to will substitutes as well, especially to living revocable trusts.

Are trusts exempt from probate?

In particular, life interest trusts, even where the value of the underlying assets is in the estate of the deceased (such as an immediate post-death interest trust), the value is not included in the probate value and no probate is needed for the trust to continue (as long as there is at least one surviving trustee).

What is the difference between ademption and abatement?

When specifically devised property is no longer in the testator's estate, the beneficiary's gift fails. Abatement: A proportional diminution or reduction of legacies (gifts) when the funds or assets of the estate are insufficient to pay them in full.