Show Summary Details
Page of

(p. 222) 8. Entitlement 

(p. 222) 8. Entitlement
(p. 222) 8. Entitlement

Brian Sloan


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

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 20 June 2021

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.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.