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Legal Terms - Abatement
1. in the context of debts, refers to the proportional reduction in the payment of debts when a person's assets are not enough to fully settle with their creditors.
2. (pertaining to legacies) The diminishment or annulment of legacies. When the assets of a solvent estate are not enough to fully satisfy all the specified inheritances mentioned in the will or in the absence of a will, after the deceased person's debts have been paid. According to the Administration of Estates Act 1925 (schedule 1 part II), general legacies are reduced proportionally unless they are intended to pay off a debt. Specific and demonstrative legacies are then reduced if the estate does not have enough money to pay off all debts. A demonstrative legacy is also reduced if the specified fund is not enough to cover it. As an illustration, A's estate consists of a painting, £3,000 in a savings account, and £7,000 in other funds. However, there are debts amounting to £1,000. According to A's will, the picture is bequeathed to B, £5,000 from the savings account goes to C, £8,000 is allocated to D, and £2,000 is designated for E. B will inherit the picture. C's demonstrative legacy decreases to £3,000. After the debts are settled with the remaining £7,000, D's and E's general legacies decrease proportionally to £4,800 and £1,200 respectively. When annuities are bequeathed in a will, they are typically evaluated at the time of the testator's death. They then decrease proportionally based on that valuation, and each annuitant receives the reduced amount. These rules can be overridden if the will expresses a different intention.
3. In the context of land law, an abatement refers to the decrease or cancellation of a monetary payment. For instance, a lease agreement may include a provision for a reduction in rent under specific conditions, such as if the building is damaged by fire. Similarly, a buyer of land may request a reduction in the price if the seller can only show possession of a portion of the land that was originally agreed upon for sale.
4. (pertaining to nuisances) The act of terminating, removing, or annihilating an annoyance. An individual harmed by a disturbance possesses the legal entitlement to eliminate it. While addressing the issue, it is important for him to minimize any additional harm and, if accessing the property where the problem originates is necessary, he will typically need to inform the person causing the problem. A local authority has the power to issue an abatement notice in order to regulate and manage statutory nuisances.
5. (of proceedings) Previously, the conclusion of civil proceedings due to a change in interest or status (such as bankruptcy or death) of one of the parties after the procedures have begun but before they are completed, as a result of the operation of law. An abatement did not prohibit either party from initiating new legal procedures regarding the same legal claim. The practice of pleas in abatement has been eliminated. In current practice, any change in the parties' interest or status does not impact the legitimacy of the proceedings, as long as the cause of action remains valid.
1. in the context of debts, refers to the proportional reduction in the payment of debts when a person's assets are not enough to fully settle with their creditors.
2. (pertaining to legacies) The diminishment or annulment of legacies. When the assets of a solvent estate are not enough to fully satisfy all the specified inheritances mentioned in the will or in the absence of a will, after the deceased person's debts have been paid. According to the Administration of Estates Act 1925 (schedule 1 part II), general legacies are reduced proportionally unless they are intended to pay off a debt. Specific and demonstrative legacies are then reduced if the estate does not have enough money to pay off all debts. A demonstrative legacy is also reduced if the specified fund is not enough to cover it. As an illustration, A's estate consists of a painting, £3,000 in a savings account, and £7,000 in other funds. However, there are debts amounting to £1,000. According to A's will, the picture is bequeathed to B, £5,000 from the savings account goes to C, £8,000 is allocated to D, and £2,000 is designated for E. B will inherit the picture. C's demonstrative legacy decreases to £3,000. After the debts are settled with the remaining £7,000, D's and E's general legacies decrease proportionally to £4,800 and £1,200 respectively. When annuities are bequeathed in a will, they are typically evaluated at the time of the testator's death. They then decrease proportionally based on that valuation, and each annuitant receives the reduced amount. These rules can be overridden if the will expresses a different intention.
3. In the context of land law, an abatement refers to the decrease or cancellation of a monetary payment. For instance, a lease agreement may include a provision for a reduction in rent under specific conditions, such as if the building is damaged by fire. Similarly, a buyer of land may request a reduction in the price if the seller can only show possession of a portion of the land that was originally agreed upon for sale.
4. (pertaining to nuisances) The act of terminating, removing, or annihilating an annoyance. An individual harmed by a disturbance possesses the legal entitlement to eliminate it. While addressing the issue, it is important for him to minimize any additional harm and, if accessing the property where the problem originates is necessary, he will typically need to inform the person causing the problem. A local authority has the power to issue an abatement notice in order to regulate and manage statutory nuisances.
5. (of proceedings) Previously, the conclusion of civil proceedings due to a change in interest or status (such as bankruptcy or death) of one of the parties after the procedures have begun but before they are completed, as a result of the operation of law. An abatement did not prohibit either party from initiating new legal procedures regarding the same legal claim. The practice of pleas in abatement has been eliminated. In current practice, any change in the parties' interest or status does not impact the legitimacy of the proceedings, as long as the cause of action remains valid.
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