Can a legacy that is contingent on the beneficiary reaching a certain age be varied so that the beneficiary may inherit if they have not yet satisfied the contingency?

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Published by a ��Ӱ�� Private Client expert

Published on: 14 January 2016

Our Practice Note: Payment of legacies defines legacies and sets out the issues the PRs need to consider before paying them, eg when to distribute, identifying beneficiaries’ identities, appropriation, entitlement to income/interest prior to payment and receipts. Under the heading contingent legacy it explains that a contingent legacy is a gift to which a beneficiary will not be entitled until the occurrence of a particular event.

Is the gift contingent?

If the gift is contingent, the grandchildren will only inherit if they reach 25 rather than inheriting on reaching 25. With the former, the grandchildren have not yet satisfied the contingency (reaching 25) and have not qualified to receive the gift so have not obtained an interest in the gift and thus, cannot consent to a variation or benefit from an advancement.

With the former, the persons who would benefit if the grandchildren never satisfy the contingency (ie never reach 25) must agree

Jurisdiction(s):

United Kingdom

Key definition:

Legacy definition

What does Legacy mean?

The nuclear legacy is represented by: (a) the nuclear sites and facilities operated by UKAEA and bnfl which were developed between the 1940s and the 1960s, including the wastes, materials and spent fuels they produced; and (b) the magnox fleet of nuclear power stations designed and built in the 1960s and 1970s and operated on the Government’s behalf by BNFL, and the plant and facilities at Sellafield used for the reprocessing of Magnox fuel as well as all associated wastes and materials.

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