A testamentary gift of a sum of money calculated by reference to the value of specific property is not a specific legacy and cannot be adeemed by the disposal of that property. Where property is sold by attorneys during the testator's mental incapacity, the principle in Re Viertel applies to preserve the testamentary disposition, and this principle is not limited to cases of specific gifts subject to the doctrine of ademption. Attorneys who make gifts to themselves from a principal's assets bear a heavy burden in demonstrating compliance with s 66 of the Powers of Attorney Act 1998 (Qld), and legal advice that does not engage with the statutory framework will not support a finding of honest or reasonable conduct for the purposes of s 105 relief.
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