If both a gift by will to a donee and a later gift inter vivos by the testator to the same donee are a ‘pure bounty’, then the latter gift will not be taken to be a substitute, wholly or in part, for the former and the donee will be able to take both. In the absence of special considerations such gifts will be taken to be ‘pure bounty’ or ‘mere gifts’ and no ademption of the gift in the will will take place. A gift from parent to child may be assumed to be a portion. This is ‘. . in the natural [or) assumed relation of a parent to the legatee’.
References: (1870) LR 6 Ch App 136
Jurisdiction: England and Wales
This case is 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 . .
(Gazette 21-Apr-99, Times 02-Apr-99, Gazette 28-Apr-99)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194470
