Failure of gifts under Will Even where an individual dies leaving a validly executed Will, in some circumstances the legacies and testamentary gifts in the Will may fail. This may be due to a number of reasons, including: • uncertainty • disclaimer • dissolution of marriage or civil partnership • disqualification due to: ◦ undue influence or fraud ◦ forfeiture ◦ attesting witness, or ◦ beneficiary having been adopted by a third party affecting their previous legal relationship to the testator • failure to meet a contingency • lapse, and • ademption Additionally, if the residuary estate is insufficient to discharge the liabilities, then the legacies under the Will must be reduced, ie abate, in order to ensure those liabilities can be paid. For more information on ademption, lapse and disclaimer and generally about failure of gifts, see: Failure of gifts—overview, which contains links to more detailed content. Working out beneficiaries’ entitlement to inherit under a Will Once it is established that the Will is the testator’s