Will Drafting MCQ Flashcards
Clause 1: I hereby REVOKE all former wills and testamentary dispositions and declare this to be my last will
Clause 2: I APPOINT ANDREW BATES of […] and CATHY DENNIS of […] (hereinafter called “my Trustees” which expression where the context admits includes any trustee hereof for the time being) to be the executors and trustees of this my will but if either or both of them shall die in my lifetime or be unable or unwilling to act as my executor I appoint ESTHER FISHER of […] to fill any vacancy thereby arising
The testator died last week. Andrew died before the testator. You may assume anyone entitled to act as executor or trustee is willing and able to do so.
Which one of the following is correct?
A. Cathy and Esther will be appointed as executors of the estate. If any trust arises following the testator’s death, Cathy and Esther will also be the trustees.
B. Clause 1 needed to include the date the will was signed to avoid any confusion about which is the last valid will the testator made.
C. Cathy and Esther will be appointed as executors of the estate. However, if any trust arises following the testator’s death, it is not clear who will act as the trustees.
D. Clause 1 did not revoke any codicils made before this will.
E. Cathy would act as the sole executor of the estate. If any trust arises following the testator’s death Esther would need to act as trustee with Cathy so there are two trustees.
A. Cathy and Esther will be appointed as executors of the estate. If any trust arises following the testator’s death, Cathy and Esther will also be the trustees.
Andrew cannot act as he has pre-deceased the testator and Clause 2 appoints Esther in his place. Clause 2 also confirms that the executors should also act as trustees of any trust.
The other options were incorrect because:
- The revocation clause revokes any will or codicil made previously
-Esther is appointed as a replacement for Andrew (there is no option for Cathy to act alone)
-A will should contain a date but this can be at the end or as part of the commencement clause – it does not need to be part of the revocation clause
Review the following extracts from a valid will:
Clause 2: I WISH for any part or parts of my body where possible to be used for transplantation and for the treatment of others
Clause 4: I APPOINT my brother and sister jointly to be the guardians of any of my children who have not attained the age of 18 at the death of the survivor of myself and my civil partner
The testator died last week and is survived by her civil partner and their first daughter (aged 25), second daughter (aged 17) and their son (aged 14).
Which one of the following is correct?
A. The testator’s brother and sister will be appointed as guardians for the testator’s second daughter and son only.
B. Either the testator’s brother or the testator’s sister will be appointed as sole guardian of the testator’s second daughter and son.
C. The testator’s brother and sister will be appointed as guardians for the three children.
D. The executors must ensure the testator’s body is used for transplantation and for the medical treatment of others.
E. No guardians are appointed following the testator’s death.
E. No guardians are appointed following the testator’s death.
As the testator is survived by their civil partner no guardians are appointed by clause 4. The other options were incorrect because no guardians are appointed as the testator’s civil partner is still alive, and Clause 2 imposes a moral obligation rather than a legal one.
Your client is a lay executor appointed under a valid will that contains a number of express administrative powers for executors, however, no express charging provisions are included.
Which one of the following is correct?
A. If there is a conflict between any of the express powers in the will and the equivalent statutory power your client may act in accordance with whichever confers the widest power.
B. Your client can charge for their time but only in accordance with the statutory power.
C. Your client cannot charge for their time as there is no express power allowing this.
D. If there is a conflict between any of the express powers in the will and the equivalent statutory power, your client must act in accordance with the statutory power.
E. Your client can charge for their time as there is no express power preventing this.
C. Your client cannot charge for their time as there is no express power allowing this.
There is no express power to charge in the will and the statutory power to charge applies only to professionals. The other options were incorrect because:
Your client cannot charge for their time
Express powers take priority over the implied statutory terms in a will where there is conflict
