Hmm, How to read a dead person’s mind?
Did the parent (now deceased) intend to give the child the gift and half of the estate or not?
I’m just doing a matter where the law of double portions has become relevant and the Will does not cover. I am willing to bet a significant majority of the Wills (including those drafted by STEP Solicitors) does not cover this! —DOES YOURS? —Partly because it may not be relevant while drafting the Will and very few lay people know about it to account for in their later gifting.
So let’s see what is this all about: The law of double portions is a principle in English inheritance law that applies when a parent makes a gift to a child during their lifetime and then leaves a gift to that child in their will. The principle presumes that the lifetime gift is an advance on the inheritance, and therefore, the child should not receive the same portion twice unless the Will explicitly states otherwise.
Example: The parent’s Will leaves the residue of their estate equally to two children. Let’s say a parent then transfers a property worth £100,000 to one child (or gifts £100,000 to buy their property) during their lifetime. The law of double portions would presume that the lifetime transfer was intended to satisfy the bequest and as per the equitable doctrine of satisfaction, aims to prevent a child from receiving more than what the parent intended.
Did the parent (now deceased) intend to give the child the gift and half of the estate or not?