Estate not covering bequests??

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

unique

Well-Known Member
17 March 2019
48
1
124
Hello
If a deceased person's estate ends up being less than the bequests in the will, how are the amounts of the bequests decided? Are all the bequests prorated including the percentages and set amounts?
Do the executors have any say in this kind of situation?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Generally specific bequests are paid out first, but if the item is no longer available then that bequest falls away. The proportions of the rest and residue then continue to apply, if there is anything left.
 
  • Like
Reactions: unique