Interpretation of Wills Flashcards
Generally, gifts in wills are treated as if they were given at the moment of ______, unless the will shows a contrary _________
death, intention
What kind of legacy is one such as “my engagement ring”?
Specific legacy
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
will, death
What happens if a specific legacy isn’t in the estate when D dies?
The gift adeems, and B does not take anything under it
Besides it no longer being part of an estate, what are 2 other scenarios in which a specific legacy may adeem?
- T no longer has the power to dispose of it (e.g. because it’s subject to a binding contract for sale)
- It no longer meets the description in the will
A gift which changes ____ does not adeem, but a gift that changes _________ does
form, substance
What kind of legacy is “an electric car”?
General legacy
Does it matter if a general legacy is in the estate at D’s death? Why/why not?
No - if it’s not, then the PRs will use estate funds to purchase the items
What is a pecuiniary legacy?
A gift of cash
A gift of £10,000 is an example of what type of pecuinary legacy?
General pecuniary legacy
A gift of “£10,000 payable out of my Barclays bank account” is what type of pecuniary legacy?
demonstrative pecuniary legacy
What can an executor do if the source of funds no longer exists/is insufficient to meet a demonstrative legacy?
The executor can meet the shortfall from other cash or assets in the estate
What is a residuary legacy?
A gift of everything left in D’s estate after all other legacies and expenses have been administered from the estate
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?
It will pass to her sister (T’s other daughter) via the doctrine of survivorship, as they held the money as joint tenants
What happens if a beneficiary dies before T dies?
The gift to B will lapse
If T failed to name a different recipient of the gift should the first beneficiary die before T, what happens to the lapsed gift?
It falls into the residue
If the residuary gift lapses, how will the gift pass?
Through the laws of intestacy
What is the law of commorienties?
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
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?
No - the gift will go to the living issue
If a will leaves a gift for a witness, is this gift valid?
It will generally fail unless there’s 2 other witnesses who were not beneficiaries
Does a gift to someone’s child include stepchildren?
No
If a gift to a class of beneficiaries is contingent, what are the 2 ways in which a class will close?
- If at least one beneficiary has a vested interest on the testator’s death; if not then:
- the moment any member of the class satisfies the condition on a contingent gift
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
new members, share, satisfy
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?
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
