Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Substitutional legacy

Substitutional legacy meaning

What does Substitutional legacy mean?
A substitutional legacy is a testamentary gift that replaces another gift to the same beneficiary, so only one legacy is payable. In will construction, it is a case-law rule (not a statutory definition) used where a will or codicil contains more than one legacy to the same legatee. Legacies of equal amount given to the same person by the same instrument (for example, two clauses in the same will) are prima facie substitutional: the later gift is treated as in place of the earlier, unless the wording or context shows a contrary intention. The presumption is rebuttable; clear language such as “in addition to”, or surrounding circumstances, can make the legacies cumulative so both are payable. By contrast, equal legacies to the same person given by different instruments (for example, a will and a later codicil) are prima facie cumulative. The concept and these presumptions are applied broadly consistently in England and Wales, Northern Ireland and Ireland; Scots law follows the same approach in substance, though Scots terminology and authorities differ. The characterisation matters for entitlement, probate administration and tax.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Substitutional legacy

PRACTICE NOTES
Payment and distribution of legacies: beneficiaries, timing, interest, ademption, abatement, appropriation, annuities and receipts (England and Wales)

Identification of beneficial interests The personal representatives (PRs) of an estate must establish: the beneficiary or beneficiaries who are entitled to each specific legacy the precise entitlement of each beneficiary the point in time when each legacy ought to be paid out Executor's year PRs have a minimum of one year from the date of death before beneficiaries may require any distribution. Even after that year has passed, the PRs might still not be ready to distribute the estate. Deciding to distribute Before starting to distribute legacies, PRs should assess whether distribution should be deferred because other administrative matters remain unfinished or potential issues could arise, such as: unpaid tax liabilities outstanding debts unknown beneficiaries rectification of the Will a family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 a variation or disclaimer any other uncertainties affecting the estate Beneficiaries Duty to...

Read More Right Arrow
PRACTICE NOTES
England and Wales will-drafting and IHT planning: executors, FLIT/discretionary trusts, BPR/NRB/RNRB, Brussels IV, chattels, guardians, survivorship, foreign elements and trustee powers

Commencement and revocation This revocation clause may include optional phrasing restricting revocation solely to Wills concerning UK property. That accords with later provisions which can, if preferred, confine this Will’s scope to UK property only. This ensures consistency across the instrument where the intention is to confine effect to UK assets while leaving arrangements concerning overseas holdings untouched. Using this optional language means any testamentary dispositions relating to assets abroad remain effective. The wording is marked as optional and might be unsuitable where the Will is drafted for a testator with no foreign property and no prospect of acquiring any, or for one who owns property overseas and intends to revoke any testamentary dispositions concerning such property (note that local legal requirements for a valid revocation must be reviewed and verified). Accordingly, foreign dispositions previously made would continue without alteration and remain fully operative. Variation 1—expectation of intended marriage or civil partnership: As a general principle, a Will is revoked by the testator’s subsequent marriage. Nevertheless, a...

Read More Right Arrow