Failure of gifts

Failure of gifts guidance:

The following Wills & Probate Q&A provides comprehensive and up to date legal information on Can an application be made to prevent a father benefitting under the...

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 basis that they each...

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Can the remainderman of a life interest trust disclaim their interest? What are the IHT consequences of the remainderman disclaiming their interest on the death of the...

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The following Wills & Probate Q&A provides comprehensive and up to date legal information on Does a gift in a Will to ‘my husband's children’ remain valid even if the...

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The following Wills & Probate Q&A provides comprehensive and up to date legal information on Does section 33 of the Wills Act 1837 apply to stepchildren?...

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Does section 33 of the Wills Act apply where a clause in a Will gives residue to 'such of my children who are alive at the date of my death'. There is no substitution and...

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The following Wills & Probate Q&A provides comprehensive and up to date legal information on Does the doctrine of satisfaction apply to gifts made out of income as well...

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The following Wills & Probate practice note provides comprehensive and up to date legal information on Failure of gifts—ademption

Practice notes

The following Wills & Probate practice note provides comprehensive and up to date legal information on Failure of gifts—disclaimer and acceptance

Practice notes

The following Wills & Probate practice note provides comprehensive and up to date legal information on Failure of gifts—effects

Practice notes

The following Wills & Probate practice note provides comprehensive and up to date legal information on Failure of gifts—lapse

Practice notes

How is the phrase 'the sum of £2000 to be held on trust for such of my great-grandchildren who shall attain the age of 18 years and if more than one in equal share' to be...

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 remaindermans' interest then...

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The following Wills & Probate Q&A provides comprehensive and up to date legal information on Is there a rebuttable presumption that a legacy to an executor is conditional...

Q&As

The following Wills & Probate practice note provides comprehensive and up to date legal information on Partial intestacy

Practice notes

The following Wills & Probate practice note provides comprehensive and up to date legal information on Total intestacy

Practice notes

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 the personal...

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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...

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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 codicil did not make any...

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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 against the testator’s...

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 entitlement following the...

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Where an intestacy arises as a result of the operation of section 15 of the Wills Act 1837 because the beneficiary’s husband attested the Will of the beneficiary’s...

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The following Wills & Probate Q&A provides comprehensive and up to date legal information on Will a gift, left to a husband and wife, still apply where the couple are...

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