Complicated Will in County Fermanagh Northern Ireland

[ntaylor1888]

The testator's estate included his house and 80 acres of land. In his will, he was to leave his house to his 2 daughters, the 80 acres to his son, and any residue of his estate to his church. However, the testator was placed in a care home and the cost of his care required assets be sold before his passing. The house was sold along with 20 of the 80 acres before his passing. The money was used to pay for the testator's care in the home.
Question #1 - Who does the money in the bank go to, the 2 daughters and the son who were supposed to get the house and land or the church that was gifted the residue of the estate?
Question #2 - And what of the specific gift of 80 acres? Does the son still receive 60 acres or does the gift fail (adeem) and become residue and part the estate, since the gift in the will specified 80 acres but only 60 acres existed at the time of the testator's passing?

I've read all I can find about ademptions but I'm still confused. Any help or info is appreciated.

Thanks

Nigel

[atticus]

You have given very little information, and the full and exact terms of the will can make a massive difference. You really should seek professional advice.

With that huge caveat, my tentative responses to your questions are as follows.

1. The money in the bank may well be "residue".

2. This gift may survive in respect of the unsold 60 acres.

But get someone suitably qualified to look at the will and advise.

[Pezza54]

In hindsight when the father's house was sold before his death the proceeds should have gone into a joint bank account with the father and daughters named as account holders. Following the death of the father the 2 daughters would share the account.

The value of the property was increased when 20 of the 80 acres was sold with the house. The family should ask an estate valuer to estimate the increased value and the sisters and brother hopefully reach an agreement that the sisters compensate their brother.

[atticus]

Although why it is thought that the sisters should compensate the brother if they gain nothing (because the cash has gone into residue) may require some further explanation.