Abatement in United Kingdom

Definition of Abatement

In accordance with the work A Dictionary of Law, this is a description of Abatement :

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 actio 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.