If a testator's guardian sells a specifically devised property, what happens to the specific devisee under UPC rules?

Under UPC rules, if a testator's guardian sells a specifically devised property, the specific devisee retains a right to a general legacy equal to the net proceeds from the sale of that property. This means that the specific devisee is not left without any benefit, even though the property they were supposed to receive is no longer in the estate due to the guardian's sale.

The rationale behind this provision is to protect the interests of the specific devisee, ensuring they receive compensation for the specific asset that was intended for them. Instead of receiving the physical property, they are entitled to a monetary equivalent, reflecting the value of what they would have received. This approach also maintains the intent of the testator, who designed the estate plan to benefit the specific devisee in some form, even if the property is not available.

By receiving a general legacy equal to the net proceeds, the specific devisee is adequately compensated while also respecting the broader context of the testator's wishes. This rule helps streamline the process in instances where specific property is sold, as it avoids further complications that could arise from disputing the sale or requiring additional court oversight for each transaction.