Legal Question in Wills and Trusts in Pennsylvania

Re: Special Bequests vs. Residual

The answer to your question depends upon the way that the Will is written. In general, when there is not enough money to satisfy all of the gifts under the Will, then the residuary gifts extinguished first, and then general bequests of money and finally specific bequests of money or property. The legal term for following this hierarchy of gifts is called �abatement.�

In order to determine whose gift should �abate� first, it is essential to look at the provisions of the Will to determine which class each gift falls into. Once the classification of each gift has been determined, the executor can follow the abatement hierarchy set forth by statute.

It is impossible to determine without looking at the Will, but based upon your inquiry, it sounds as though the gift of the car to you may be a specific gift. It also sounds like the gift of cash to your sister may either be a specific gift or a general bequest. If that is the case, then your gift could have equal or even superior priority to your sister�s gift. Again it is impossible to be sure without looking at the Will.

If the executor has improperly allocated your gift to the residuary estate, then you may be able challenge the executor�s action so that the car would not be lost.

If I can be of further assistance, please feel free to contact me.