SQE Daily.

Order of application of assets to debts and abatement of pecuniary legacies (AEA 1925 Sch.1 Pt II)

Ngozi died in 2026, domiciled in England, leaving a valid will which gives: (1) 'my car' to her friend Asha; (2) £30,000 to her brother Ben; (3) £10,000 to her cousin Chloe; and (4) the residue of her estate to her neighbour Dev. The will says nothing about how debts are to be paid. Her estate consists of the car, worth £10,000, and money in the bank of £40,000. Her funeral, testamentary and administration expenses and debts total £20,000. The estate is solvent. Ignore inheritance tax.

Which of the following best describes how the estate will be distributed?

Choose one answer to see the reasoning.

  1. Wills & Administration of Estates · FLK2No. L305

    Ademption of a specific gift of shares sold before death

    Which of the following best describes Inés's entitlement?

  2. Wills & Administration of Estates · FLK2No. L307

    Lapse of a share of residue given to named beneficiaries in equal shares

    Which of the following best describes who is entitled to Thomas's residuary estate?

  3. Wills & Administration of Estates · FLK2No. 37

    Gift to a child who dies before the testator leaving issue (Wills Act 1837 s.33)

    Which of the following best describes who is entitled to the £40,000 legacy?