Ademption: Common sense prevails

Christopher McNall sets out the lessons from a rare case of ademption ‘Ademption is a process whereby specific testamentary gifts fail because the subject matter of the gift has ceased to be part of the testatrix‘s property at the time of their death.‘ The decision of Norris J, sitting in Manchester as the Vice-Chancellor of …
This post is only available to members.

Cronin v De Hamel [2017] EWHC 454 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part. By February 1994, the Department of Transfer had entered upon the land for the purpose of commencing construction. Miss Aspinall received interim payments on account of the compensation payable to her arising from construction of the M65, in particular, £46,727 in October 1...