Q&As

Do the expenses incurred as a result of a specific gift fall to the specific gift or to residue?

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Published on LexisPSL on 19/05/2014

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Do the expenses incurred as a result of a specific gift fall to the specific gift or to residue?
  • Obligations of the Personal Representative
  • Preserving the specific gift
  • Obtaining the specific gift

Do the expenses incurred as a result of a specific gift fall to the specific gift or to residue?

Obligations of the Personal Representative

The Practice Note Payment of legacies examines the issues the PRs need to consider before paying legacies including deciding when to distribute, identifying beneficiaries, types of legacies, appropriation, entitlement to income or interest prior to payment and receipts.

It is settled law that unless the testator has provided otherwise in his will, any expense incurred by the PRs in the upkeep, care and preservation of property specifically devised or bequeathed, such as storage charges, insurance, the costs of transporting the asset to the beneficiary, between the testator's death and the transfer or vesting of the property to the beneficiary, must be borne by the beneficiary.

Halsbury's Laws of England 5th edition Volume 103, para 1059,

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