释义 |
substitutional legacy (substitutional gift) A legacy that (1) passes to descendants of a beneficiary who is named in a will if this beneficiary has predeceased the testator or (2) passes to other persons by express provisions in the will (e.g. a legacy of £10,000 to A but if he predeceases then to B). The Wills Act 1837 s 33 provides for automatic substitution where property is gifted by will to a child or remoter issue of the testator (subject to contrary intention being expressed in the will). If there is no substitutional legacy and s 33 does not apply, the legacy lapses. See also accruer; representation. |