Solvent Estate - where Personalty*** not specifically assets exceed liabilities beqeauthed or exonerated and there is a surplus which can be Order of Priority or exempted distributed among beneficiaries [any item not given In the absence of away or reserved specifically will There is an order contary intention be used first, Not realty] of priority in which assets in the Will - there [General personalty -what left must be used to pay funeral and is an order of after specific and general testamentary expenses, and priority for payment of pecuniary legacies have been administration expenses, debts debts and liabilities taken out - have to take out and liabilities [Contrary intention will money gifts first] override the order] Real Estate Appropriated to Because there is no or devised in trust for payment statutory provision in of debts Solvent Estate Jamaica - we use the [any real estate which is pre-1926 rules given to pay debts] Note - Real Estate descended General Legacies are whether acquired before used to pay debts first or after the making of befor specific legacies the will Marshalling Note - personalty are Real estates devised, Marshalling allows disappointed used first before realty charged with the payment beneficiary (whose intended Unless realty is charged with of debts gift has been used to pay payment OR personalty is When property is devised creditor) to go after property exonerated from payment with a mortgage charge or by T balance on it, the beneficiary which ought to have been used or mortgagee is responsible to pay the debts before resorting If surplus left from a fund to realize the assets/security, to his property after paying creditors, it will pay off the charge or be deivised among balance owing on the property and the balance left is used beneficiaries entitled in appplying to pay off to that fund debts and liabilities Section 13 Intestate Estate and Property Charges Act
General pecuinary legacies
pro rata Pecuniary Legacies are paid out of residuary personalty unless contrary intention in the will [e.g. gift to A for 50,000 will be paid out of residuary personalty ] Specific and residuary devises and specific legacies pro rata Real and personal property which T had power to appoint and which he had appointed by will