If the basic ingredients of a portion are present, then the question of whether or not a gift by will is in fact a portion depends to a large extent upon the donor’s intentions. The testator, by his inter vivos gift of a portion, ‘as it were anticipat[ed] his demise and [ put the devisee] in immediate possession of part of what he would in due course have taken under the testator’s will.’
Jenkins J
[1949] 1 Ch 154
England and Wales
Cited by:
Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD 24-Mar-1999
One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 17 November 2021; Ref: scu.194475
