Q&As

Where a specific gift relates to a named property, or such other property as the testator shall live at the time of their death, and the named property has been sold during their lifetime and they have not purchased a new property as they moved into a care home, does the gift fail? Is it possible to construe the gift as including the proceeds of sale of the named property? What provisions in the Will would support such a construction of the gift?

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Published on LexisPSL on 08/04/2021

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

  • Where a specific gift relates to a named property, or such other property as the testator shall live at the time of their death, and the named property has been sold during their lifetime and they have not purchased a new property as they moved into a care home, does the gift fail? Is it possible to construe the gift as including the proceeds of sale of the named property? What provisions in the Will would support such a construction of the gift?

A legacy of a particular residence would be classified as a specific legacy and therefore, if the testator does not own the property in question at the date of their death, the legacy would adeem. In other words, the legacy would be treated as revoked by the testator and would therefore fail. There are many authorities for this, including Re MacDougall [1927] 3 DLR 464 and Re

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