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NORTH CAROLINA LAW REVIEW Volume 39 Number 4Article 1611961Lapse, Abatement and Adoption Thomas H. LeathFollow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons
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Lapse abatement refers to a legal process that resolves what happens to a gift in a will if the intended recipient passes away before the testator. Ademption occurs when a specific gift in a will is no longer available at the time of the testator's death.
The executor or personal representative of the estate is typically responsible for filing lapse abatement and ademption.
To fill out lapse abatement and ademption, the executor must provide information about the deceased, the will, the intended gifts, and any changes that have occurred since the will was created.
The purpose of lapse abatement and ademption is to ensure that the distribution of assets from a will is carried out accurately and fairly according to the testator's intentions.
The executor must report details about the deceased, the will, the intended gifts, any changes to the will, and any relevant circumstances that may affect the distribution of assets.
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