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Abatement

property legacies taxation tax

A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent.

With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when the funds or assets out of which such legacies are payable are insufficient to pay them in full. The intention of the testator, when expressed in the will, governs the order in which property will abate. Where the will is silent, abatement occurs in the following order: intestate property, gifts that pass by the residuary clause in the will, general legacies, and specific legacies.

In the context of taxation, an abatement is a decrease in the amount of tax imposed. Abatement of taxes relieves property of its share of the burdens of taxation after the assessment has been made and the levy of the tax has been accomplished.

CROSS-REFERENCES

Taxation; Will.

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