Failure of gifts

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Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Failure of gifts content

Q&As
Where a beneficiary under a Will witnesses a codicil to that Will, are the gifts to the beneficiary under the original Will still valid where the...
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6th Jun
Q&As
Where a Will provides for a legacy to A with a gift over to his children if A predeceases the testator, what is the position if A disclaims his...
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6th Jun
Q&As
Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?In this Q&A, we have made a presumption against...
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6th Jun
Q&As
Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the...
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6th Jun
Q&As
Is there a rebuttable presumption that a legacy to an executor is conditional on him actually taking up the appointment as executor?Unlike a witness...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
Does a gift in a Will to ‘my husband's children’ remain valid even if the deceased later divorces her husband?Where a testator makes a Will and...
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6th Jun
Q&As
Where a gift to X of a share in the testator's residuary estate is void because X's spouse witnessed the Will, can the parties enter into a deed of...
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6th Jun
Q&As
In a life interest trust, assuming the trust deed is silent on this matter, if one of the remaindermen predeceases the life tenant, does the...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 5th Jun
Q&As
Can an application be made to prevent a father benefitting under the intestacy rules where there has been no contact for a number of years prior to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Can the remainderman of a life interest trust disclaim their interest? What are the IHT consequences of the remainderman disclaiming their interest on...
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5th Jun
Q&As
Where a property bequeathed to a beneficiary in a Will has been sold by the time of the testator’s death, what rights does the beneficiary have as...
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5th Jun
Q&As
Where a beneficiary of an estate also owes debts to the estate, can those debts be offset against the legacy? If the beneficiary disputes the debt are...
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5th Jun
Q&As
Will a gift, left to a husband and wife, still apply where the couple are divorced by the time of the testator’s death?Gift to ‘wife’Where the donee...
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5th Jun

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