Different types of bequests
Vesting of rights
Enforcement of rights
Bequests without conditions
Vesting of rights take place immediately after death of T
Person who receives benefit
Person who receives residue
Order of payment of beneficieries when it comes to T's debts
If executor has to sell assets to pay of T's debt...
E will first sell the legacy assets (legatee's assets he shouldve gotten) and then inheritance assets( assets heir wouldve gotten)
When E has to sell T's stuff to pay T's creditors..
Will first sell Inheritance stuff, then legacy stuff.
Stronger postion and gets preference over all other legacys or heirs
Absolute bequests may still have
When will legacy lapse
Revocation is dependant on uncertain future event
Where T dies within 3 months of divorce/anulment
T's will is regarded as if former spouse has predeceased him, will not be able to inherit.
S2 B of the Wills Act
If T died within 3 months after divorce/anulment, spouse is regarded as predeceased and does not intherit because T did not have time to make new will. Unless T makes new will which still includes spouse as beneficiary.
Will cannot be revived automatically by
The destruction of the will which initially revoked it.
Will that cannot be found or has physically been destroyed cannot be
Requirements for will to revive