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abatement definition – abatement defined
abatement n. 1. (of debts) The proportionate reduction in the payment of debts
that takes place if a person’s assets are insufficient to settle with his creditors in
full. 2. (of legacies) The reduction or cancellation of legacies when the estate is
insufficient to cover all the legacies provided for in the will or on intestacy after
payment of the deceased’s debts. The Administration of Estates Act 1925 provides
that general legacies, unless given to satisfy a debt or for other consideration, abate
in proportion to the amounts of those legacies; specific and demonstrative legacies
then abate if the estate is still insufficient to pay all debts, and a demonstrative
legacy also abates if the specified fund is insufficient to cover it. For example, A’s
estate may comprise a painting, £300 in his savings account, and £700 in other
money; there are debts of £100 but his will leaves the painting to B, £500 from the
savings account to C. £800 to D, and £200 to E. B will receive the painting, C’s
demonstrative legacy abates to £300, and after the debts are paid from the
remaining £700, D’s and E’s general legacies abate proportionately, to £480 and £120
respectively. When annuities are given by the will, the general rule is that they are
valued at the date of the testator’s death, then abate proportionately in accordance
with that valuation, and each annuitant receives the abated sum. All these rules are
subject to any contrary intention being expressed in the will. 3. (in land law) Any
reduction or cancellation of money payable. For example a lease may provide for an
abatement of rent in certain circumstances, e.g. if the building is destroyed by fire,
and a purchaser of land may claim an abatement of the price if the seller can prove
his ownership of only part of the land he contracted to sell. 4. (of nuisances) The
termination, removal, or destruction of a *nuisance. A person injured by a nuisance
has a right to abate it. In doing so, he must not do more damage than is necessary
and, if removal of the nuisance requires entry on to the property from which it
emanates, he may have to give notice to the wrongdoer. A local authority can issue
an abatement notice to control statutory nuisances. 5. (of proceedings) The
termination of civil proceedings by operation of law, caused by a change of interest
or status (e.g. bankruptcy or death) of one of the parties after the start but before
the completion of the proceedings. An abatement did not prevent either of the
parties from bringing fresh proceedings in respect of the same cause of action. Pleas
in abatement have been abolished; in modern practice any change of interest or
status of the parties does not affect the validity of the proceedings, provided that
the cause of action survives.