wills and probate

[PurplePolkadot]

Am i right in thinking that if a testator fails to provide for all of his estate in his will, then this is an abatement? and there is no form of grant of representation available?.... i need to make sure i understand this so if its a silly question please excuse me.

[dzug2]

No - you are entirely wrong. The estate that is not specifically bequeathed forms part of his residuary estate, and goes to his residuary beneficiaries, whether named or implied. No issues in obtaining a grant.

Abatement relates to which part of the estate debts are settled from when there is insufficient to pay all legacies. The residuary estate would be taken first

[PurplePolkadot]

oh...thankyou, i really appreciate your reply. I need to study up on this. Thanks again.

[Barmaid]

There is a slight caveat to dzug's answer - and that is, it depends on the wording of the Will. Some testators fail to provide for a "residuary bequest" and this results in a partial intestacy.

But I'm just pedantic!