The doctrine of ademption serves to preserve equality between children. Bowen LJ said: ‘ . . it being the view of the law that equality is what the father, in dealing with his children, would in most cases presumably intend.’ and there may even be a presumption in favour of equality.
References: (1891) 2 Ch 48
Judges: Bowen LJ
Jurisdiction: England and Wales
This case cites:
- Cited – Pym v Lockyer 1840
It can be sufficient for a gift to be adeemed as a portion where the donor is a parent: ‘in the case of a parent, a legacy to a child is presumed to be intended to be a portion . .’ The court queried the likelihood of an intention in a grandfather . .
((1840) 5 My and Cr 29, , [1841] EngR 340, (1840-1841) 5 My and Cr 29, (1841) 41 ER 283, , [1841] EngR 1054, (1841) 12 Sim 394, (1841) 59 ER 1183)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194485 br>