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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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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