The statutory order typically abates intestate property first, then residuary, then general, then specific and demonstrative bequests. The will may specify a different order.
Creditor claims are paid before distribution.
Alternative Names:
Abatement of Bequests|Reduction of Gifts
Why it Matters?
Residuary beneficiaries bear insufficiency first, which means a testator making large specific bequests while leaving the residue to a primary beneficiary may unintentionally disinherit that person if estate value declined between execution and death. Reviewing the bequest structure against current asset values is accordingly part of estate plan maintenance. The will may reorder abatement expressly.
Frequently Confused with
Related terms
Frequently asked questions
Who bears insufficiency first?
Can the order be changed?
