In Queensland, a specific testamentary gift of property is not adeemed where the property is sold by the testatrix's attorney under an enduring power of attorney in circumstances where the testatrix lacked capacity, was unaware of the sale, and the attorney was unaware of the will's contents. Section 107 of the Powers of Attorney Act 1998 (Qld) does not supplant this common law exception; it applies only where ademption has in fact occurred. The identifiable proceeds of sale pass to the beneficiaries named in the will rather than falling into the residuary estate.
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