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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2214
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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In a Will, the testator gave his wife a life estate in his

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In a Will, the testator gave his wife a life estate in his land and the remainder to his son " subject to my son Thomas paying the following pecuniary bequest, same to be charged on lands until paid, and subject thereto I appoint my son my residuary legatee"
1. Does the son have to pay the bequests or can the estate pay them
2. When do they have to be paid

thanks

This should be paid by the son not by the estate and the land should be charged with with a burden in this respect.

 

There is no provision for a time frame set down by the will. What I would suggest is that the executor delay the transfer of the property to the son until the pecuniary bequest has been paid otherwise it might not be paid until such time as the son wishes to sell the land or a portion of it.

Customer: replied 3 years ago.

Thanks for your quick response. There is an additional provision I just saw which might effect your answer. That provision reads: " I appoint my Wife and Son Executors and Trustees of this my Will and I direct him to discharge all my just debts, funeral and testamentary expenses out of my assets " Would these pecuniary bequests be a testamentary expense ? Does the Testator intend that the "bequests" be paid from the estate?


Thanks and I look forward to your further reply .


 


JJM

No, the pecuniary bequest is not a testamentary expense. A testamentary expense costs relate with probate i.e. legal costs, valuations etc.

Yes, any bequest in a will is paid from the estate.

As Thomas is the residuary legatee his can use his portion of interest in the estate to discharge what is owned to this third party under the terms of the will
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