other gifts on death

Question 1

1. inheritance (provisions for family and dependants) act 1975

Answer 1

-sc2- gives the courts discretionary power to resistribute the deceased estate to provide for family members or those factually dependant of the deceased if the deceased death has left them inadequately provided for
-allows them to claim the estate in full or partial (depsite dying inestate or with a will)
-sc3- courts must balance the interests of the applicant and the beneficiaries
-sc4- 6 month time limit
-sc8 & 25(1)- determines the deceaseds net estate
-sc9- grants the courts the power to posthumously sever joint tenancies

Question 2

2. who can make a claim?

Answer 2

sc 1 sets out potential claimants-
-spouse/CP
-former spouse/CP who has not remarried/re-civil partnered
-cohabitants, subject to a 2 year qualification
-child of the deceased
-child of the family (step)
-any other claimants factually dependent on the deceased

Question 3

3. advantages of this act

Answer 3

-enables provisions to be made for cohabitees
-recgonises step-children as children of the family
-relieves the state of the burden of supporting non legatees excluded from the will/ ineligible under intestacy

Question 4

4. problems with this act

Answer 4

-enables the wishes of the decased to be over-ridden
-illot v blue cross 2017, daughter left home at 17 to live with boyfriend who wasnt approved of and marry, 26 years 3 attempts of reconcilliation failed, will with letter of wishes states nothing goes to daughter and execuives ordered to ensure she gets nothing, daughter makes claim, SC awards her £50,000 despite wishes
test under act is whether reasonable financial provision had been made for the claimant

Question 5

5. secret trust and half secret trusts

Answer 5

arise by construction (constructive trust) when it is unfair to deny that someone has acted as a trustee in relations to the deceased property
-have a will but beneficiaries are not public knowledge, beneficiary stated in will acts as a trustee for the real beneficiary
-half secret, clear the beneficiary is a trustee but not who the real beneficiary is
valid trust as allowing trustee to keep propery as a beneficiary would be using the wills act as fraud against the testator
-McCormick v grogan 1869, the courts cant disapply the wills act but can impose a personal obligation on the secret trustee to prevent him from using the wills act to committ fraud
-Re fleetwood

Question 6

6. mutual wills

Answer 6

-when both parties write their will in identical terms, leaving property to each other once one dies and everything to a third party when they both die
-cant revoke a mutual will once the first mutual person dies due to the expectation of the survivors promise of not changing it
-ollins v walters 2008, requires more than trust law, there must be a contractual agreement to not later change will
-mutual wills exclude the operation of the 1975 act for inheritance

Question 7

7. Donatio mortis causa

Answer 7

-an intervivos gift in contemplation of your death
-can be a valid transfer of property
-conditional lifetime constructive trust (conditional the testator dies)
-title to property passes but not absolute until death of donor

3 conditions:
a. gift made by donor in contemplation of death
b. gift intended to take effect only of the occurrence of the death
c. possession over property had been delivered to the donee