What does the identity theory of ademption state?

• A. The property specifically devised that is no longer in the testator's estate at death is adeemed by extinction and the devisee gets nothing
• B. The devisee may be entitled to replacement property
• C. The gift increases proportionally
• D. The estate retains the property and pays cash instead

Answer: (A)

Ademption under the identity theory means a bequest of a specific asset passes only if that exact asset is still in the testator’s estate at death. If the specific property is no longer in the estate when the person dies, the gift is extinguished and the devisee receives nothing from that bequest. The reasoning is that the bequest is tied to that particular item, not to a pool of similar assets. Substitution or cash replacements would only occur under a different theory that allows substitutes, which is why those other options don’t fit this approach.