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hotchpot


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N.

The bringing into account, on distribution of an intestate's estate, of certain benefits separately conferred on the beneficiaries. In the case of a total intestacy prior to 1 January 1996 the Administration of Estates Act 1925 (s 47(1)(iii) expressly brings the rule against double portions into operation. It provides that property given by the intestate during his lifetime to any of his children must be brought into account, unless a contrary intention is expressed or appears from the circumstances. Thus if A gives £10,000 to his son B, and dies intestate leaving an estate worth £50,000 to which his children B and C are entitled equally, B will in fact receive £20,000 and C £30,000. The rule applies only to lifetime gifts made by way of advancement (i.e. as permanent provision and not for maintenance or temporary purposes). In the case of a partial intestacy prior to 1 January 1996, benefits conferred by the will on a surviving spouse and on the deceased's issue (i.e. his children, grandchildren, and remoter direct descendants) are also brought into account. The hotchpot rule has been abolished where the deceased died on or after 1 January 1996 by the Law Reform (Succession Act) 1996.

Subjects: Law.


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