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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.