Advancement

Advancement

English Legal System: Advancement

In the context of the English law, A Dictionary of Law provides the following legal concept of Advancement :

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 professio Before 1926, a power of advancement had to be specifically included in any settlement; since 1925 a statutory power exists, subject to contrary intentio 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 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 purchases it. The presumption of advancement arises when a father or other person in the position of a parent purchases property for a child. The presumption does not automatically arise in the case of a mother because until 1882 a married woman could not, during marriage, own property; 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”. A similar presumption has been held to exist when a husband 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 is doubtful. The presumption may be rebutted by evidence that advancement was not intended. This evidence may be parol evidence (i.e., given orally).

Advancement is subject to different meanings, but in estate law, it refers to an irrevocable gift made by a person to one of his or her children or heirs in some cases.

Advancement is subject to different meanings, but in estate law, it refers to an irrevocable gift made by a person to one of his or her children or heirs in some cases.

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Legal English Vocabulary: Advancement in Spanish

Online translation of the English legal term advancement into Spanish: progreso en el empleo (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus

Meaning of Advancement

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See Also

  • SATISFACTION
  • Ademption
  • Cases
  • Descent
  • Distribution
  • Wills
  • Resources

    See Also

    • Personnel
    • Law Enforcement Officer
    • Military Personnel
    • Law Practice Management
    • Appraisal

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