I know that, unless the Will states otherwise, a specific legatee will be liable for costs relating to property he inherits that arise between the testator’s date of death and the assent of the property to the legatee (Re Cooke).
My question: If the specific legacy later abates (in part or in full), so the property is never assented, can the specific legatee recover his expenses incurred in relation to the property from the estate (so that they would become expenses of the estate)? It would seem inequitable if he could not, but I cannot find any authority for this.
Hauke Harrack
Hewitsons