The disposal of specifically bequeathed property by a manager or attorney acting with proper authority adeems the specific bequest, regardless of whether the testator knew of or intended the disposal. Re Viertel [1997] 1 Qd R 110 and the cases following it were not followed insofar as they state the principle of ademption too widely. The only exceptions to ademption are where the disposal was without authority or wrongful, or where the asset has not been changed in substance. Section 83 of the NSW Trustee and Guardian Act 2009 operates as a statutory modification that permits surplus proceeds to be notionally treated as the subject matter of the bequest, but does not of itself prevent ademption. Managers of protected estates should segregate proceeds of specifically devised assets and resort to them only after other assets are exhausted.
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