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§ 9-103. Order of abatement

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 9. Special Provisions Relating to Distribution (Refs & Annos)
Subtitle 1. General (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 9-103
§ 9-103. Order of abatement
Legacy or legacies
(a) In this section, “legacy” or “legacies” does not include assets passing by the exercise of the decedent of a testamentary power of appointment.
Order of abatement
(b)(1) Unless a contrary intent is expressed in the will and except as provided in §§ 3-208 and 3-303 of this article and subsection (c) of this section, shares of legatees abate without preference or priority as between real and personal property, in the following order:
(i) Property not disposed of by the will;
(ii) Residuary legacies;
(iii) General legacy, other than items (iv), (v), and (vi) of this paragraph;
(iv) General legacy to dependents of testator;
(v) General legacy to creditor of testator in satisfaction of a just debt;
(vi) General legacy to surviving spouse of testator; and
(vii) Specific and demonstrative legacies.
(2) Abatement within each classification is in proportion to the amounts of property each of the legatees or heirs would have received, had full distribution of the property been made in accordance with the terms of the will.
Sale or use of subject matter of preferred legacy
(c) When the subject matter of a preferred legacy is sold or used as an incident to administration, appropriate adjustments in, or contributions from, other interests in the remaining assets shall be effected.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 9-103.
MD Code, Estates and Trusts, § 9-103, MD EST & TRST § 9-103
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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