| 释义 |
advancement
n. 1. The power, in a trust, to provide capital sums for the benefit of a person who is an infant or who may (but is not certain to) receive the property under a settlement. The term is a shortened form of advancement in the world and has the connotation of providing a single or lump sum from the trust fund for a specific purpose of a permanent nature; examples include sums payable on marriage, to buy a house for the beneficiary, or to establish the beneficiary in a trade or profession. Until 1925 a power of advancement had to be specifically included in any settlement: a statutory power now exists, under section 32 of the Trustee Act 1925, subject to contrary intention. No person may receive by way of advancement more than half that to which he could ever become entitled. 2. A presumption, arising in certain circumstances, that if one person makes a voluntary transfer to another or purchases property in the name of another, the property is intended for the advancement of that other person and will be held beneficially by that person and not on resulting trust for the person who provides or purchases it. The presumption of advancement arises when a father or other person in the position of a parent (in loco parentis) purchases property for, or makes a voluntary transfer of property to, a child. The presumption does not automatically arise in the case of a mother. Until 1882 a married woman could not, during marriage, own property. However, her automatic exclusion from the presumption now seems nonsensical (especially as a mother now has a statutory duty to maintain her children), although she will in many cases be found to be “in the position of a parent”. The presumption of advancement has been held to exist when a husband makes a voluntary transfer to, or purchases property for, his wife (though not vice versa), and occasionally a man for his mistress, but the strength (and perhaps even the existence) of this presumption has been doubted (Pettitt v Pettitt [1970] AC 777 (HL)). The presumption of advancement, in so far as it subsists, may be rebutted by evidence that advancement was not intended. This evidence may be parol evidence. Section 199 of the Equality Act 2010 seeks to abolish the presumption of advancement on grounds of sex equality; however, this provision has not so far (2017) been brought into force. |