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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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