Succession Act 1965 section 63

Advancements to children to be brought into account

Section 63 requires that significant lifetime gifts (known as "advancements") made by a deceased person to their children must be taken into account when distributing the deceased's estate, whether under a will or on intestacy.

• Advancements made during the deceased's lifetime are treated as part-satisfaction of a child's share and must be brought into account when distributing the estate, unless a contrary intention is shown
• An advancement includes any gift intended to make permanent provision for a child, such as a marriage portion, a settlement, funding to establish a child in a profession or business, or education costs above the standard provided to other children
• If the advancement equals or exceeds the child's entitlement, that child (or their issue) is excluded from sharing in the estate; if it is less, the child receives only enough from the estate to make up the difference
• The burden of proving that a lifetime gift was an advancement falls on the person making the claim, unless the deceased recorded the advancement in writing

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