ADVANCEMENT, a term used in English law to describe a sum of money or other benefit conferred by a father or a person in loco parentis upon a child by blood or adoption for the purpose of establishing such child in life. It may be considered thus : I. Advancements during a father's life when the father dies intestate. The law as to this is of very ancient origin but is now summed up for our purpose in ss. 47 1 (iii.) and 49 (a) of the Administration of Estates Act 1925. By the former, when a person who dies intestate has during his life paid money or transferred property to a child of his by way of advancement, or has settled money or property on a child of his on such child's marriage, then, if on the parent's death intestate the child is entitled to a share of the parent's estate, the money or property advanced or settled is to be taken prima facie as being so paid or settled in and towards the satisfaction of such child's share of the estate as one of the next of kin, and must be taken into account in apportionating the estate among the issue of the intestate. The value of the advancement is what it is worth at the death of the intestate. By s. 49 (a), where a testator dies partially intestate, any benefits given to the issue of the testator by the will are to be brought into account as if they were advancements in distrib uting the undisposed of estate among such issue.
2. Double portions. The provisions of s. 49 (a) are really an adaptation of the equitable rule against double portions to cases of partial intestacy. By that rule, where a father or person in loco parentis by his will leaves a legacy to a child by blood or adoption and afterwards gives an advancement to such child, then if the advancement was of property of a similar description to that given by the will, the advancement is prima facie to be taken as an ademption, total or pro tanto, of the legacy. In the same way if the deceased has before he made his will covenanted to advance a certain sum to the child, then if, not having made the advancement during his life, he by his will leaves a legacy to the child, or if he dies intestate and the child is entitled to a share of his estate as next of kin, the legacy or the share of the estate is to be taken into account in total or pro tanto satisfaction of the debt due by the covenant.
3. Formerly advancements out of the capital of property held in trust for sale for persons absolutely or contingently entitled could only be made by direction of the court. Now they may be made by the trustees at their absolute discretion, provided that no more than one half part of the cestui que trust's actual and prospective share is so advanced, that if the person advanced becomes indefeasibly entitled to a share of the trust property the amount advanced shall be taken into account, and that no interest in the trust property taking precedence of his share shall be prejudiced by such advancement without the owner's consent in writing (see the Trustee Act 1925, s. 32).