Failure of gifts

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Failure of gifts content

Practice notes
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
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9th Apr
Practice notes
Classification of legacies and devisesDue to the doctrines of ademption and abatement, a distinction is drawn between specific, general and...
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9th Apr
Practice notes
When the Will is drafted, it is important to consider as many eventualities as possible, to ensure that the gifts made in the Will can take effect as...
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9th Apr
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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9th Apr
Practice notes
Freedom to disclaimA beneficiary is free to disclaimThe law will not force a beneficiary to take a testamentary gift against their Will. A beneficiary...
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9th Apr
Practice notes
There are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a...
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9th Apr
Q&As
For the purposes of the Q&A, we have assumed the life interest trust was established by Will. We have also assumed that the remainderman has a vested...
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15th Feb
Q&As
Section 33 of the Wills Act 1837 (WA 1837) provides that where:•a Will contains a devise or bequest to a class of person consisting of children or...
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15th Feb
Q&As
Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any...
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15th Feb
Q&As
The law will not force a beneficiary to take a testamentary gift against their Will. A beneficiary is free to refuse a gift if they wish to do so.A...
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15th Feb
Q&As
The Practice Note: Payment of legacies states that where a legatee of either a general legacy or a share in residue is a debtor to the estate, the...
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15th Feb
Q&As
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)...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Q&As
When considering this issue, it is important to identify that the doctrine of ademption operates independently of the testator's intention. See...
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15th Feb
Q&As
Gift to ‘wife’Where the donee is described as the wife of a person, and that person is married at the date of the will, then, in the absence of a...
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15th Feb

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