Payment of legatees

Question 1

3 issues?

Answer 1

abatement
legatum rei alienae
abatement of legacies

Question 2

1 - ademption [c]

Answer 2

cancellation (applies to specific legacies only)

- Door v Geary - horses

Question 3

1 - ademption

general rule? [c]

Answer 3

ask if the specific thing remains in the estate at the time of death (Stanley v Potter)

Question 4

1 - ademption

ascertaining existence of subject? [c]

Answer 4

Ogilvie-Forbes: changed for shares in company

Question 5

1 - ademption

Uncompleted transfer of property? [c]

Answer 5

Macarthur’s Ex v Guild (hotel)

If missives concluded but conveyance still to happen, it won’t adeem

Question 6

2 - legatum rei alienae

Answer 6

If bequeathed thing never owned at all - lapse

UNLESS deliberate - exr under obligation

Question 7

3 - abatement of legacies

what is it?

Answer 7

when estate not wealthy enough to pay out all the legacies

Question 8

3 - order of abatement?

Answer 8

o Residuary
o General
o Demonstrative
o Specific

Question 9

3 - abatement case?

Answer 9

McConnel v McConnel’s Trs – had numbered assets in will. Held: irrelevant and not intended to be order of abatement.