Hotchpot clause

Has anyone got a good hotchpot clause? The situation is that Adam’s will gives his sons Cain and Abel half each of residue, but he now wants to give Cain £50,000 to buy a house. I wanted to put:

“As to the balance of the Trust Fund for such of Cain and Abel as shall survive me as aforesaid but so that Cain shall receive fifty thousand pounds more than Abel to take account of a gift made to him by my wife and I in April 2018”

I’m aware that there is a presumption that that this is a “portion” anyway but Adam wants to record this in his will. It might be better to put a clause expressly requiring the executors to take into account gifts of this nature in case Abel also wants to buy a house.

Anyone got any good clauses? Parkers has a clause exculding this rule but not one expressing it.


Phil Palmer

QualitySolicotrs Palmers