Abatement of debts and legacies

Sections Contest Property disposition Common types Other types Governing doctrines Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.

A general devise, is a monetary gift to a specific person to be satisfied out of the overall estate.

For example, if James's will states that he is leaving $500,000 to his son Sam then the money would be a general devise.

A residual devise is one left to a devisee after all specific and general devices have been made.

For example, James's will might say: "I give all the rest, residue and remainder of my estate to my daughter Lilly."