The disposal of a leasehold interest in a retirement village apartment under the Retirement Villages Act 1999 (Qld) constitutes a 'sale' for the purposes of a testamentary provision referring to the sale of that interest. A pecuniary legacy expressed as 'an amount of money equivalent to that amount received by my estate upon the sale of my interest' in specific property is a demonstrative legacy, not a specific legacy, and does not fail merely because the sale occurred during the testator's lifetime and the proceeds were banked and preserved until death.
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