The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:
We have assumed that:
the administration of the estate is governed by the law of England and Wales
the bank accounts in question all have a situs in England and Wales
the lack of information as to the source account of the funds should not, per se, be sufficient reason to cause the gift to fail
Consider the following points:
if the gift is a specific gift, it would fail if the account were no longer in existence at the time of the testator’s death
if the gift is a demonstrative gift, however, it will remain payable, but out of the residue of the estate
whether the gift is specific or demonstrative will be a matter of construction
Practice Note: Failure of gifts—ademption
Commentary: I. Kinds of Legacies: Williams on Wills [30.1]
Commentary: Types of legacies: Tolley's Administration of Estates [E6.1]
If the gift i
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