Q&As

Where a beneficiary to a Will has received gifts (within seven years of death) that may be considered as advancements of the share they are entitled to from the Will how does the doctrine of satisfaction apply?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/10/2017

The following Wills & Probate Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a beneficiary to a Will has received gifts (within seven years of death) that may be considered as advancements of the share they are entitled to from the Will how does the doctrine of satisfaction apply?

The doctrine of satisfaction (or ademption by satisfaction, as it is also known) applies in some circumstances where gifts are made by (in most cases) a parent to a child during their lifetimes, with the intention that that gift should count towards a legacy made in a Will. The doctrine is a creature of equity and operates to give effect to the presumed intentions of parents when advancing a portion of their estate to a child. It usually operates alongside what is known as the presumption against double portions: the presumption that the parents would not want a child to be favoured over others by receiving a ‘double portion’—ie a gift inter vivos as well as a legacy, where other children have not received such a gift. Where the presumption arises, the doctrine of ademption provides that a legacy in a Will is satisfied by the provision of the first portion, and t

Related documents:

Popular documents