The doctrine of satisfaction and ademption – and double portions

The legal terms “portions” and “satisfaction and ademption” have a pleasantly anachronistic ring to them. However, as recently as 1999, Lindsay J confirmed that the presumption against double portions still applies in Re Cameron [1999] Ch 386. A “portion” is a gift made by a parent to a child, to set the child up in life or make substantial provision for him or her. The question of the presumption against double portions arises where a parent has made a substantial lifetime gift to a child, who also receives substantial benefits under the parents’ will. The question that has to be decided is whether the lifetime gift is an anticipation of what is left by Will, and should be deducted from what the child of the testator receives under the Will. This question was considered by the High Court in Kloosman v Aylen [2013] EWHC 435 (Ch).