12 Est. & Tr. J. 7 (1992-1993)
Hotchpot Clauses

handle is hein.journals/espjrl12 and id is 21 raw text is: HOTCHPOT CLAUSES
Marni M.K. Whitaker*
Blackstone defined hotchpot as The blending and mixing of
property belonging to different persons, in order to divide it
equally.' The word is used today in wills to require certain persons,
usually children of the testator, to bring into account in the division
of the estate advances which have been made previously to them.
Typical wording is as follows:2
(as to cash advances)
As I have already transferred certain property to my daughter, A, I direct that
my said daughter shall bring into hotchpot, upon the division of the residue
of my estate, the sum of $  , [and I direct that as my said daughter is entitled
under the terms hereof to a life interest only in her share of such residue, the
said sum shall be brought into account not only against my said daughter, but
also against her issue].
(as to loaned funds)
I declare that the sums, amounting to $  , that I have advanced by way of
a loan to my son, and any other sum or sums that I may hereafter advance
to him or for his benefit, or so much thereof as may be owing to me at my
death, shall not be charged or claimed as a debt owing to me from him or
his representatives, but every such sum, whether legally constituting a debt or
not, with interest thereon from my death at the rate of  per cent per annum,
but not any interest thereon prior to my death, shall be brought into account
by way of hotchpot, in the division of the residue of my estate, as against the
said       and his wife and issue or other person or persons interested in
his share of the said residue under the trusts hereinbefore declared.
(excluding hotchpot)
I expressly direct that no child or issue of mine taking any share or interest
under the trusts hereof shall be liable to bring into account any sum or sums
of money or the value of any property or interest which I have already paid
or transferred to or settled on such child or issue or which I may hereafter
pay or transfer to or settle upon such child or issue or for his, her or their
benefit.
* B.A., LL.B. Of Lang, Michener, Lawrence & Shaw, Toronto.
'Blackstone's Commentaries on the Laws of England (new ed.) Book It, p. 190.
2 Sheard, Hull and Fitzpatrick, Canadian Forms of Wills, 4th ed. (Toronto, Carswell, 1982),
p. 111.

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