Gifts

Question 1

Which act sets out how gifts should be applied?

Answer 1

s24 Wills Act 1837

Question 2

What does s24 Wills Act 1837 provide?

Answer 2

That a will should be read as if it were made immediately before the testators death when considering gifts

Question 3

Two cases that example when there is an absence of contrary intention all property belonging to the testator that satisfies the description of the gift shall pass

Answer 3

Re Kempthorne 1930 ‘all my freehold land’ owned at time of death passed and not just at time of will

Re Evans 1909

Question 4

How can a contrary intention be expressed?

Name a case

Answer 4

From the words in the will - express or implied

Re Edwards ‘where I now reside’

‘now’ essential to identify property

Wagstaffe 1869

Question 5

Two cases where contrary intention proved

Answer 5

Re Skies 1927 - original piano sold and replaced. New piano not considered gift - ‘my’ at the time

Re Gibson 1866 - gift failed through ademption - contrary intention to displace s24 - Railway shares

Question 6

Can s24 Wills Act 1837 apply to a person

2 example cases

Answer 6

No

References to beneficiaries are construed as applying to those alive at date of the will executed i.e my sister’s husband

Re Whorwood 1887

Re Daniels 1918

Question 7

Effect of s 34 Wills Act 1837

Answer 7

Permits republication of a will by re-execution under s9 Wills Act 1837 or by a codicil which references will