Overview

rule against double portions


Show Summary Details

Quick Reference

A rule designed to ensure, as far as possible, equality between children entitled under a settlement and under a will, both made by the same person. Thus if a father promises to pay substantial sums of money to certain of his children to advance them and at his death the money has not been paid, but the children (together with others) are entitled to legacies under his will, the payment of the legacies and the moneys due under the settlement will be considered together. Thus if an advancement of £10,000 and a legacy of £5000 are due to one son and a legacy of £10,000 is due to another son, the first son will not receive his legacy, to ensure equality between the children. See hotchpot.

Subjects: Law.


Reference entries

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.