Legacy in UK Law

Leading Cases
  • Carr-Glyn v Frearsons (A Firm)
    • Court of Appeal (Civil Division)
    • 29 Julio 1998

    The duty owed by the solicitors to the specific legatee is not a duty to take care to ensure that the specific legatee receives his legacy. It, also, is a duty to take care to ensure that effect is given to the testator's testamentary intentions. The loss from which the specific legatee is to be saved harmless is the loss which he will suffer if effect is not given to the testator's testamentary intentions.

  • Re Wright. Blizard v Lockhart
    • Court of Appeal
    • 13 Abril 1954

    In the case of a legacy to an individual, if he survived the testator it could not be argued that the legacy would fall into the residue. Even if the legatee died intestate and without next of kin, still the money was his, and the residuary legatee would have no right whatever against the Crown. So, if the legatee were a corporation which was dissolved after the testator's death, the residuary legatee would have no claim.

    Obviously it can make no difference that the legatee ceased to exist immediately after the death of the testator. The same law must be applicable whether it was a day, or month, or year or, as might well happen, ten years after; the legacy not having been paid either from delay occasioned by the administration of the estate or owing to part of the estate not having been got in.

  • Marshall (Inspector of Taxes) v Kerr
    • House of Lords
    • 30 Junio 1994

    In English law the rights of a testamentary legatee in the unadministered estate of a testator are well settled: see Lord Sudeley v. Attorney General [1897] A.C. 11 and Commissioner of Stamp Duties (Queensland) v. Livingston [1965] A.C. 694. A legatee's right is to have the estate duly administered by the personal representatives in accordance with law. But during the period of administration the legatee has no legal or equitable interest in the assets comprised in the estate.

  • Re P
    • Chancery Division
    • 09 Febrero 2009

    There is one other aspect of the “best interests” test that I must consider. In deciding what provision should be made in a will to be executed on P's behalf and which, ex hypothesi, will only have effect after he is dead, what are P's best interests? Mr Boyle stressed the principle of adult autonomy; and said that P's best interests would be served simply by giving effect to his wishes. That is, I think, part of the overall picture, and an important one at that.

  • Blackwell and another v Blackwell and Others
    • House of Lords
    • 28 Enero 1929

    A testator cannot reserve to himself a power of making future unwitnessed dispositions by merely naming a trustee and leaving the purposes of the trust to be supplied afterwards, nor can a legatee give testamentary validity to an unexecuted codicil by accepting an indefinite trust, never communicated to him in the testator's lifetime ( Johnson v. Ball, 5 de G & S 85; re Boyes, 26 Ch. D. 531; Riordan v. Banon, 10 Irish Eq. Rep. 469; re Hetley, 1902 2 Ch. D. 66

  • Re Nichols, decd
    • Court of Appeal (Civil Division)
    • 20 Diciembre 1974

    Having thus reviewed the authorities, we return to the question what was given, and we think that a grant of the fee simple, subject to and with the benefit, of a lease back, where such grant is made by a person who owns the whole freehold free from any lease, is a grant of the whole fee simple with something reserved out of it, and not a gift of a partial interest leaving something in the hands of the grantor which he has not given.

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Books & Journal Articles
  • The Permanent Legacy
    • Núm. 28-2, Junio 2000
    • Federal Law Review
  • A Mixed Legacy
    • Núm. 64-3, Septiembre 2009
    • International Journal
  • Thatcher's Legacy
    • Núm. 5-2, Mayo 2007
    • Political Studies Review
    At the time of Margaret Thatcher's fall, conventional wisdom held that Thatcherism was a leadership style that had departed with its author. In significant respects, Thatcher's economic reforms wer...
  • The Legacy of Colonialism
    • Núm. 10-2, Junio 1955
    • International Journal
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