Deck 10: Wills and Inheritance

Question 1

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?

A) The incorporated document(-s) must be clearly identified in the will.
B) The incorporated document(s) must normally be in existence at the time of the will
C) The incorporated document(s) may be added by codicil if they are created after the will is exercised.
D) The incorporated document(s) can either be in existence at the time of the will or at least named in the will where it exists in the future.

Answer 1

D

Question 2

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

A) Words are construed according to the natural and ordinary meaning of words
B) Words are construed with reference to the subjective evidence of any parties intention
C) Words are construed in the light of any facts known or assumed to known by the relevant parties at the time the will was executed.
D) Words are construed in light of the overall purpose of the will.

Answer 2

B

Question 3

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

A) Mutual wills are the only binding method by which a testator can ensure that both the survivor and anyone else is provided for by will.
B) Equity does not prevent the survivor of a mutual will from altering his will.
C) Mutual wills arise to stop the survivor acting fraudulently by going back on the agreement he or she made with another.
D) Mutual wills prevent the survivor revoking his will and substituting another in its place.

Answer 3

A

Question 4

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

A) Evidence of an agreement between the parties is sufficient; a similar standard required for the imposition of a secret trust.
B) The testators need only establish a clear understanding that they not to revoke their wills after death.
C) The testators must have entered into a binding contract not to revoke their wills after death.
D) The testators need to enter into an agreement akin to a binding contract, but there is no requirement that they provide consideration to make it a valid contract between them.

Question 5

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

A) The survivor of a mutual will is not free to deal with the property received in a matter inconsistent with the terms of the mutual will.
B) The property rights of the beneficiaries are fixed at the time of death of the first testator, so that the beneficiaries become immediately entitled to the property.
C) The beneficial interest in the property arises through a constructive trust over all the property subject to the mutual contract in the hands of the survivor.
D) The constructive trust arises at the date of the first testator's death.

Question 6

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

A) Secret trusts are trusts made in wills in which the trustees and beneficiaries are concealed from everyone until the operation of a secret event.
B) Secret trusts provide a mechanism for testator to leave property to a named beneficiary, who is then under an enforceable obligation to pass it on to another, unnamed beneficiary.
C) Secret trusts provide a means to provide for someone to conceal gifts to others during the lifetime of the settlor.
D) In a secret trust, the beneficiaries and trustees are known, but the beneficiaries are only entitled on the happening of a secret event.

Question 7

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

A) In a fully secret trust, neither the trust nor the beneficiaries of it are apparent from the terms of the will. In a half secret trust, the existence of the trust is apparent, but the beneficiaries are not.
B) The burden of proof required of a fully secret trust is the same as that required for an allegation of fraud; the standard of proof necessary to establish a half-secret trust is the normal standard of civil proof on the balance of probabilities.
C) On the failure of a fully secret trust, the intended trustee may keep the property for himself, whereas in a half secret trust, the intended trustee cannot do so.
D) The rules for the creation of fully secret and half-secret trusts differ only in relation to the communication required by the testator to impose the fully or half-secret obligation on the beneficiary named under he will.

Question 8

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:

A) Need not hold the property on trust, because Miranda did not accept the role of trustee.
B) Need not hold the property for Paul, as the terms of the trust have not been communicated during Bethany's lifetime.
C) Must hold the property on trust for Paul, as the terms of the trust have been effectively communicated during Bethany's lifetime.
D) Must hold the property for Paul, as equity will give effect to Bethany's clear intentions to create a secret trust.

Question 9

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

A) The property should be held for Beth, as Mawlowkowski has predeceased Jeremiah.
B) The property should be held for Vamilda, as there could be no communication of revocation of the trust to Jeremiah, as he was in a coma.
C) The property should be held for Vamilda, as the secret trust, as an inter vivos gift, was completed at the time Jeremiah's will was drawn up.
D) The property should be held for Beth, as Vamilda cannot be discovered as the trust was a fully secret trust, so the 'secret' died with Mawlowkowski.

Question 10

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.

A) Malaki is not subject to the secret trust, and may therefore keep the £30,000 himself.
B) Malaki is subject to the secret trust and must hold the £30,000 for Ruth.
C) Malaki is not subject to the secret trust, but may not keep the £30,000 himself.
D) Malaki is subject to the secret trust, but does not have to hold the property for Ruth.