The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
DESCENT, OMITTED ISSUE, AND LAPSED LEGACIES
(Cite as: 14 V.S.A. § 338)
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§ 338. Distribution; order in which assets appropriated; abatement
(a)(1) Except as provided in subsection (b) of this section, shares of distributees given
under a will abate, without any preference or priority as between real and personal
property, in the following order:
(A) property not disposed of by the will;
(B) residuary devises and bequests;
(C) general devises and bequests;
(D) specific devises and bequests.
(2) For purpose of abatement, a general devise or bequest charged on any specific property
or fund is a specific devise or bequest to the extent of the value of the property
on which it is charged, and upon the failure or insufficiency of the property on which
it is charged, a general devise or bequest to the extent of the failure or insufficiency.
Abatement within each classification is in proportion to the amounts of property each
of the beneficiaries would have received if full distribution of the property had
been made in accordance with the terms of the will.
(b) If the will expresses an order of abatement or if the testamentary plan or the express
or implied purpose of a devise or bequest would be defeated by the order of abatement
listed in subsection (a) of this section, the shares of the distributees shall abate
as may be necessary to give effect to the intention of the testator.
(c) If the subject of a preferred devise or bequest is sold or used incident to administration,
abatement shall be achieved by appropriate adjustments in, or contribution from, other
interests in the remaining assets. (Added 2009, No. 55, § 5, eff. June 1, 2009.)