TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

presumption of advancement [1 record]

Record 1 2015-03-31

English

Subject field(s)
  • Property Law (common law)
  • Law of Contracts (common law)
CONT

... one of the problems that arises in estate administration is the interpretation of a Will that provides for a gift to a child, or equal division among children, where one child has already received during the lifetime of the testator a gift for certain purposes. This principle of law is known as the presumption of advancement and may result in a specific gift or a portion of the child’s share of residue in the estate being revoked by the courts to avoid what is called "double portions".

French

Domaine(s)
  • Droit des biens et de la propriété (common law)
  • Droit des contrats (common law)

Spanish

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