Part 1 Flashcards
What is testamentary capacity?
A persons ability to do something which may have legal consequences. To have the capacity to make a will a person must be 18 years old.
What happens if the testator acknowledged his signature to each of the witnesses separately?
The witnesses must be both mentally and physically present. Both witnesses have to present at the same time when the testator signs or acknowledges a will.
What are the requirements of a valid codicil?
Signed and witnessed the same as a will. No limit to how many codicils can be added to a will.
Differentiate ademption from abatement?
Ademption should be distinguished from abatement which refers to the order in which assets are applied by the executors towards the payment of the estates expenses , debts and liabilities. The residue abates first, then general legacies , then specific and demonstrative legacies. Therefore a general gift is immune from ademption but vulnerable to abatement. A specific gift is vulnerable to ademption but privileged in respect of abatement. Demonstrative legacies are safest from failure as they do not adeem and are last in the order of abatement.
Can a former spouse be appointed as executor if the Testator had divorced the said spouse?
The appointment of a former spouse as executor whom the testator later divorced, will fail in the absence of contrary intention in the will.
How can PR protect themselves from liability to Claimants for any unpaid debts or liabilities of whom they are unaware?
PR are personally liable to any beneficiaries or creditors for any unpaid debts or expenses even if they are unaware of them.
By complying with S27 of the Trustee Act 1925, PR can protect themselves, provided they make the statutory advertisement. They are protected under S27 if they give notice within a period of at least 2 months from the date of the notice.
Why would a client opt to tax a property for VAT purpose?
So the client’s business can offset the input tax it has paid on the cost of the services and supplies it has received in dealing with a property such as those incurred on the purchase of the property, its construction and or refurbishment against output tax it charges to customers.
What is the limit for bringing a prosecution in the Mags for breach of building regulations?
6 months of the breach being discovered with sufficient evidence provided the action is taken within 2 years of completion of the building work that is in breach, in other words the two year limitation is subject to bringing any prosecution within 6 months of the date when the LA discovered the breach.
What documents will need to be provided if the sale is made by a beneficiary of the will.
Grant of probate or Grant of Admin to prove the titles of the PR and the assent of the property from the PR to the beneficiary.
What happens if amendments to a contract of sale of land are made to one part of the contract?
It will not be valid. The contract intends to come into existence upon the exchange of identical parts of the document.
What remedies are available where the seller has made negligent misrepresentation
Under the Misrep Act 67, can rescind contract and or claim damages for the breach.
Can leases be contracted out the 1954 Act
The security of tenure provisions of the LTA 54 will not apply to any leases that have been contracted out. Any agreement made between the landlord and the tenant that attempts to contract out of the LTA 54 will be void unless the contracting out procedure set out in the LTA 54 is followed.
What is the difference between a personal and a proprietary right?
The rights in connection with the possession, use and enjoyment of the land are called proprietary rights or personal rights. A property right can be distinguished from a personal right in that it is alienable it can be given or sold and it is enforceable against people who were not involved in creating it.
What are the formalities that must be followed to validly create and execute a deed?A
A deed is a document in solemn form, it is used to effect the disposition of legal estates and interest and equitable interests.
S1 of the Law of property miscellaneous provisions act 1989 confers how to execute:
- Be in writing
- make it clear on its face that its intended to be a deed by the person making it or the parties to it.
- Be validly executed as the person making it.
Describe the bona fida requirement in the doctrine of notice
Bona finda means the purchaser must be genuine and acting with clean hands. His purchase of the land must be made in good faith and not be intended to deprive the beneficiary of their rights.
