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Hotchpot

The mixing of property for the purposing of effecting an proportionate division.

A necessary mixing of property in an estate in order to effect an equal or proportionate division.

Putting assets into a hotchpot might be necessary where a beneficiary may need to compensate for property or a loan advanced to him by the testator while the testator was still alive.

A hotchpot clause addresses this possibility and either requires the beneficiary to account and compensate other beneficiaries by the value of his advancement before distribution of the estate occurs or, to prevent hotchpotting, a testator may provide:

"No gift of money or property made by me and no obligation entered into by me to or for the benefit of Lloyd Duhaime is to adeem any gift to him in this Will nor is it to be compensated for by way of hotchpot."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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