Legacy in UK Law

  • Theodossiades v Smith and Others
    • Court of Appeal (Civil Division)
    • 09 June 2015
    ... ... 37 Even Roman jurists found the concept of DMC perplexing, since it had some of the characteristics of a legacy and some of the characteristics of a gift inter vivos ... In those circumstances it was a legal principle which, one might have thought, was unlikely ... ...
  • Re Hemming, decd
    • Chancery Division
    • 12 November 2008
    ... ... from what, on the alternative view of the law, were monies that could have been paid to him on account of his entitlement to the residuary legacy ... 33 So I turn to the issue directly raised by the claim under CPR Part 64 : which of the Executor or the Trustee ... ...
  • Randall v Randall
    • Court of Appeal (Civil Division)
    • 27 May 2016
    ... ... The list in summary was: 1. The widow and next of kin entitled on intestacy; 2. A legatee named in the will, whose legacy has been omitted from probate; 3. An executor or legatee under a rival will; 4. A creditor in possession of administration; 5. A person in possession ... ...
  • Re Petrie; Lloyd's Bank v Royal National Institute for the Blind
    • Court of Appeal
    • 09 November 1961
    ... ... in Sir George Jessel's, the Master of the Rolls, phrase when the legacy or share should be "receivable or do jure receivable". The present case is not one of divesting, Still, the testatrix must, in my judgment, have ... ...
  • Gill v Woodall & Others
    • Court of Appeal (Civil Division)
    • 14 December 2010
    ... ... she was doing or known or understood the terms and effect of her will”; ii) The experts agreed that “if the knowledge of the legacy to the RSPCA had been incorporated and processed in [Mrs Gill's] working memory it is most likely that it would have been transferred to her episodic ... ...
  • Re Sinclair, decd
    • Court of Appeal (Civil Division)
    • 27 February 1985
    ... ... This variety is illustrated by the following passage from Stroud's Judicial Dictionary, fourth edition, page 1489: "(2) A legacy is said to 'lapse' when the legatee dies in the lifetime of the testator or when something happens in such lifetime which prevents the intended ... ...
  • Marley v Rawlings and Another
    • Court of Appeal (Civil Division)
    • 02 February 2012
    ... ... The legacies in each were almost identical except that one left a legacy to Stockwell Orphanage and the other a legacy to Haverstock Hill Working Orphan School. Their intention was that on the death of either of them, the ... ...
  • Sen v Headley
    • Court of Appeal (Civil Division)
    • 28 February 1991
    ... ... Moreover, while Roman law allowed every form of property which could be bequeathed by will as a legacy to be the subject of a donatio mortis causa, including, it would seem, land whether free from mortgage or not (see the argument of Mr. Longley in ... ...
  • Day v Harris
    • Court of Appeal (Civil Division)
    • 20 March 2013
    ... ... It is also a little odd that the legacy of £10,000 does not appear in clause 4 which sets out the other pecuniary legacies. If the gift is to be read as extending, principally, to the ... ...
  • Wintle v Nye
    • House of Lords
    • 18 December 1958
    ... ... and testamentary expenses and debts and the legacies and annuities bequeathed by this my Will or any Codicil hereto and the Duty on any legacy or annuity bequeathed free of duty as aforesaid as well as the duty payable on the third part of my estate devised and bequeathed to my Executor as ... ...
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