3. Interpretation of Wills

Question 1

Define: specific legacy

Answer 1

A gift of a specified part of the estate

eg. “my engagement ring”

Question 2

Define: demonstrative legacy

Answer 2

A general legacy which identifies the source from which the gift is to be made.

eg. “£10 from my Natwest account”

IF source lon longer available - executors can realise the gift from other assets in the estate.

Question 3

Define: pecuniary legacy

Answer 3

Gift of cash

Question 4

Define: residuary legacy

Answer 4

gift of everything left of the deceased’s estate.

Question 5

What is the doctrine of ademption

Answer 5

A specific gift will fail (adeem) if:

1. It’s no longer part of T’s estate;
2. It’s subject to a binding contract; OR
3. no longer meets the description in the will

Question 6

With regard to specific legacies, what is the date of construal?

Answer 6

The date of death.

eg. “all my books” will be interpreted as “all my books at the date of my death”

Question 7

What is the date of construal with regards to beneficiaries in a will?

Answer 7

The date of construal is the date of execution of the will.

Eg. “Gift to the eldest son of Jacob” will mean the eldest son of Jacob at the time of executing this will.