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(p. 222) 8. Entitlement 

(p. 222) 8. Entitlement
Chapter:
(p. 222) 8. Entitlement
Author(s):

Brian Sloan

DOI:
10.1093/he/9780198757924.003.0008

Note: An update has been made available on the Online Resource Centre (August 2017).

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date: 14 December 2018

This chapter first considers the various types of gift to which beneficiaries under a will may be entitled. The basic classification of testamentary gifts is into legacies and devises. Legacies are gifts of personality; devises comprise real estate. The second part of the chapter discusses the grounds on which there may be a failure of entitlement under the will. A gift may fail if it has been made subject to a condition, and the condition has not been satisfied. Conditions are classified for this purpose as either precedent or subsequent. A condition precedent (sometimes termed ‘suspensive’) is a condition which has to be satisfied in order for the beneficiary to take the gift. A condition subsequent, on the other hand, acts by way of defeasance: the beneficiary initially takes the gift, but loses it subsequently if he fails to satisfy the condition.

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