Failure of gifts

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Failure of gifts guidance:

Classification of legacies and devises Due to the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative legacies. The...

Practice Note

Freedom to disclaim A beneficiary is free to disclaim The law will not force a beneficiary to take a testamentary gift against their Will. A beneficiary is free to refuse...

Practice Note

Reasons a gift may fail There are several ways a gift may fail. These include: The doctrine of lapse—failure to survive the testator If an intended beneficiary...

Practice Note

Nature of lapse To benefit under a Will, a beneficiary must survive the testator. A legacy is said to have lapsed and will fall into residue: • if the beneficiary dies...

Practice Note

The intestacy rules If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable property of the...

Practice Note