Interpretation of Wills

Question 1

Generally, gifts in wills are treated as if they were given at the moment of ______, unless the will shows a contrary _________

Answer 1

death, intention

Question 2

What kind of legacy is one such as “my engagement ring”?

Answer 2

Specific legacy

Question 3

The word ‘my’ in a gift of individual objects can indicate an intention to give objects owned at the date of the ____ instead of at the date of _____. This is an example of a contrary intention

Answer 3

will, death

Question 4

What happens if a specific legacy isn’t in the estate when D dies?

Answer 4

The gift adeems, and B does not take anything under it

Question 5

Besides it no longer being part of an estate, what are 2 other scenarios in which a specific legacy may adeem?

Answer 5

1. T no longer has the power to dispose of it (e.g. because it’s subject to a binding contract for sale)
2. It no longer meets the description in the will

Question 6

A gift which changes ____ does not adeem, but a gift that changes _________ does

Answer 6

form, substance

Question 7

What kind of legacy is “an electric car”?

Answer 7

General legacy

Question 8

Does it matter if a general legacy is in the estate at D’s death? Why/why not?

Answer 8

No - if it’s not, then the PRs will use estate funds to purchase the items

Question 9

What is a pecuiniary legacy?

Answer 9

A gift of cash

Question 10

A gift of £10,000 is an example of what type of pecuinary legacy?

Answer 10

General pecuniary legacy

Question 11

A gift of “£10,000 payable out of my Barclays bank account” is what type of pecuniary legacy?

Answer 11

demonstrative pecuniary legacy

Question 12

What can an executor do if the source of funds no longer exists/is insufficient to meet a demonstrative legacy?

Answer 12

The executor can meet the shortfall from other cash or assets in the estate

Question 13

What is a residuary legacy?

Answer 13

A gift of everything left in D’s estate after all other legacies and expenses have been administered from the estate

Question 14

If T has a will which states: “I give the £10,000 in my savings account to my 2 daughters jointly”, and one of the daughter predeceased T, what will happen to her share?

Answer 14

It will pass to her sister (T’s other daughter) via the doctrine of survivorship, as they held the money as joint tenants

Question 15

What happens if a beneficiary dies before T dies?

Answer 15

The gift to B will lapse

Question 16

If T failed to name a different recipient of the gift should the first beneficiary die before T, what happens to the lapsed gift?

Answer 16

It falls into the residue

Question 17

If the residuary gift lapses, how will the gift pass?

Answer 17

Through the laws of intestacy

Question 18

What is the law of commorienties?

Answer 18

Where two people die at the same time and it’s impossible to tell who died first, the younger is deemed to have survived the elder

Question 19

If a gift was made to issue of T, and that beneficiary dies before T but leaves living issue themselves, does the gift still lapse? Why/why not?

Answer 19

No - the gift will go to the living issue

Question 20

If a will leaves a gift for a witness, is this gift valid?

Answer 20

It will generally fail unless there’s 2 other witnesses who were not beneficiaries

Question 21

Does a gift to someone’s child include stepchildren?

Answer 21

No

Question 22

If a gift to a class of beneficiaries is contingent, what are the 2 ways in which a class will close?

Answer 22

1. If at least one beneficiary has a vested interest on the testator’s death; if not then:
2. the moment any member of the class satisfies the condition on a contingent gift

Question 23

When a class closes, no ___ ________ can be added, but anyone who is alive and within the class will have a ______ in the gift if they eventually _______ the condition

Answer 23

new members, share, satisfy

Question 24

When a will leaves a gift to each member of a class who meets a condition (e.g. £10,000 to each of the children of my brother David, who attain the age of 18), when does the class close and who will it include?

Answer 24

The class closes on T’s death, it will include only the beneficiaries who were living on the date of T’s death

This means if David had no children by the time the testator died, the gift will fail