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15 October 2010 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7437 / Categories: Features , Wills & Probate
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A new era of equality?

Paul Hewitt, Paola Fudakowska & Adam Cloherty report on charitable gifts & the demise of the presumption of advancement

The “presumption of advancement” (the presumption) is the evidential presumption according to which a man—but possibly not a woman—is presumed, when making a transfer of property to his fiancée, wife or child, to be making a gift of it.

The presumption is a construct of equity developed by nineteenth century judges—Lord Diplock memorably criticised it in Pettitt v Pettitt [1970] AC 777 as reflecting the social and moral values of “the propertied classes of the nineteenth century and the first quarter of the twentieth century”. It operates as an exception to the converse rule that if a person transfers assets to another and receives nothing in return, the recipient holds the assets on trust for the transferor.

The presumption is honoured more in the breach than the observance. Modern authorities show it to be a weak one easily rebutted by any evidence to the contrary (see, eg, the discussion in Lavelle v Lavelle per Lord Phillips MR at [13]–[19])

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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