ADMINISTRATION AND PROBATE ACT 1919 - SECT 72K
ADMINISTRATION AND PROBATE ACT 1919 - SECT 72K
72K—Gifts to be brought into hotchpot
(a) an
intestate has within the period of five years immediately before his death
made any gift to, or settlement for the benefit of, a person (other than a
spouse or domestic partner of the intestate) who is, or would if he were to
survive the intestate become, entitled to a part of the intestate estate; or
(b) a
person who dies partially intestate leaves a will containing a gift in favour
of a person (including a spouse or domestic partner of the intestate) who is
entitled to part of the intestate estate,
the property given or settled shall be taken to have been given or settled in
or towards satisfaction of the share to which that person is entitled in the
intestate estate, or to which he would become entitled if he were to survive
the intestate (as the case may be) unless—
(c) the
contrary intention was expressed, or appears from the circumstances of the
case; or
(d) the
value of the property given or settled does not exceed one thousand dollars.
(2) For the purposes
of subsection (1) of this section, the value of property given or settled
by an intestate in his lifetime shall be determined as at the date of the gift
or settlement.