The following Wills & Probate Q&A Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys Ltd provides comprehensive and up to date legal information covering:
It appears from this Q&A that there was a specific gift of item(s) to a beneficiary. The general rule is that specific gifts of particular item(s) identified in a Will only take effect if the item(s) are owned by the testator at the date of their death. If the item(s) are not in the estate at death, the gift will be adeemed and will fail.
There are some limited exceptions to the rule:
the Will contains a contrary indication
after ademption, there are other identifiable assets that amount substantially to the same thing as the item(s) referred to in the Will
the testator loses capacity (by reference to the Mental Capacity Act 2005 (MCA 2005)) after signing the Will
If the testator makes a Will and then loses capacity (becomes of unsound mind) as d
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