Exam 10: Wills and Inheritance

Jeremiah validly sought to create a fully secret trust with Mawlowkowski, for Jeremiah's mistress, Vamilda. All the necessary requirements were fulfilled. Jeremiah fell ill with cancer, and, when Jeremiah fell into a coma, Beth, his partner, called Mawlowkowski to come and see him. Unfortunately, Mawlowkowski was killed outright in a car crash on his way to visit Jeremiah. Jeremiah died ten minutes later. The residuary legatee under the will is Beth. Consider the effect of the transaction

It is possible for a will to include supplementary documents, provided they have been properly incorporated into the will. Which of the following is not a condition of the doctrine of incorporation?

Which of the following statements is false in relation to the equitable doctrine of 'mutual wills'?

Which of the following statements is false in relation to the difference between a fully secret and half-secret trust?

Which of the following statement is true in relation to the operation of secret trusts?

Barthomew sought to set up a half-secret trust of £30,000 in his will, with Malaki as his secret trustee, and complied with all due requirements. Malaki was under clear instructions, given at the time of the creation of the will, to hold the property for Ruth, the illegitimate daughter of Barthomew. Malaki and Barthomew had a tempestuous friendship, however, and relationships were particularly strained at the time of Barthomew's death. Barthomew died, having been told only the day before by solictor's letter that Malaki would not fulfil has wishes and revoked any trust obligations he had been placed under. Advise Malaki.

Bethany, who was terminally ill, wanted to provide for her lover, Paul, after her death. Her husband and family were unaware that Bethany had been having an affair with Paul. Bethany's best friend, Miranda, agreed to do 'all she could' to help Bethany carry out her wishes secretly. Bethany has now died, leaving half of her property to her family, and the other half to Miranda. A letter, addressed to Miranda and found with Bethany's will, stipulates that Miranda should hold the property on trust for Paul. Miranda:

Which of the following statements is false in relation to the operation of mutual wills? (Think very carefully before answering)

Which of the following is not a principle of interpretation of wills?

Which of the following statements is true in relation to establishing that wills were intended to be mutual?