You might be surprised to learn that the type of devise has very significant implications when an estate is not large enough to cover all the gifts made by the will, administration expenses, creditors’ claims, and other obligations. The doctrine of abatement determines the order in which types of devises are reduced.

Generally, the residuary devise is reduced first, then general devises, then demonstrative devises, and lastly, specific devises. So, if Fred’s will leaves his Canopysaurus Flintmobile to Pebbles and after administration expenses, creditors’ claims, and other obligations are paid, Fred’s Flintmobile is the only property left in his estate, Pebbles will receive her inheritance—but no other beneficiaries named in Fred’s will would receive an inheritance, even if that was not his intention.

Call us to devise an estate plan that ensures your loved ones receive what you intend them to receive.