Also known as: demonstrative devise · demonstrative legacy
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary disposition, usually of a specified amount of money or quantity of property, that is primarily payable from a designated source, but is secondarily payable from the general assets of the estate to the extent that the primary source is insufficient.
Ethan's will left his niece Carla $150,000 from the proceeds of his grain sales. After Ethan sold the grain and reinvested the money in mutual funds, the estate contained ample cash from other sources. The personal representative paid Carla the full $150,000 from the general assets because the designated source proved unavailable.
Liam's will directed that his spouse Nora receive $250,000 first from construction receivables. At death the receivables totaled far less than that sum, yet the estate held substantial liquid assets. The court ordered the shortfall paid from general estate funds under the demonstrative classification.
Select any source to read its text and confirm it supports the definition.
A demonstrative devise remains payable from general assets if the primary source is insufficient or absent. A specific devise of an identified asset fails entirely under ademption if the asset is gone. The distinction turns on whether the will fixes an amount with a preferred fund or transfers the asset itself.
Supporting sources
The gift is demonstrative. The will identifies both a monetary amount and a primary source while allowing secondary payment from the estate at large if the source fails. This structure distinguishes it from a specific devise limited to the account itself.
Supporting sources
Demonstrative devises are treated as specific devises to the extent the designated source is sufficient and as general devises to the extent the source is insufficient. They therefore abate after specific devises but before residuary devises when assets are limited.
Supporting sources
The language creates a demonstrative devise when it fixes an amount and designates a preferred source without limiting payment exclusively to that source. Specific language such as a devise of the account balance itself would instead produce a specific devise subject to ademption.
Supporting sources