The Will leaves specific legacy items, car to A, House to B and C equally, Jewellery to D, Shares to E, then residue to F but there are no general or pecuniary legacies. There is not enough residue to pay debts, administration and funeral expenses, so F gets nothing. In what order do the specific legacies abate to cover the shortfall?
There is no protected wording in the Will for any of the legacies to have priority.
As these are individual items given by the Will it may not be fair for the Executor to dispose of just one or more items and leave the others intact to pass over to the beneficiaries, who are not related. House is to be sold so that is the obvious starting point where cash will be available. How does the Executor decide?
Baldwin Wyatt Solicitors, Burnley