WILLS

Question 1

no will shall be valid unless:

• it is signed in writing
• it was intended as a will
• the signature is made in the presence of 2 witnesses at the same time
• each witness attests and signs the will

Answer 1

s 9 wills act 1837

Question 2

extrinsic evidence to ascertain the testators intentions at the time of the wills creation

Answer 2

s 21 Administration of justice act 1982

Question 3

every will, in relation to real estate and personal estate, is to speak and take effect as if it had been executed immediately before the death of the testator

Answer 3

s 24 wills act 1837

Question 4

if a beneficiary, or spouse, acts as a witness, the gift is invalid

Answer 4

s 15 Wills Act 1837

Question 5

if the death of the testator and beneficiary are very close together, the elder is deemed to have died first

Answer 5

s 184

Question 6

disclaiming the gift

Answer 6

s 33 wills act 1837

Question 7

a will may be revoked in part or full by a later will or codicil

Answer 7

s 20 wills act 1837

Question 8

intestacy rules

Answer 8

s 46 administration of estates act 1925

Question 9

power to use income for maintenance of beneficiaries

Answer 9

s 31 trustee act 1925

Question 10

trustees the power to make advancements of capital to the life tenant , and must get written consent from life tenant if want to give capital to another

Answer 10

s 32

Question 11

attestation clause

Answer 11

s 9 wills act 1837

Question 12

guidelines to assist the court in determining if the will makes reasonable financial provision for the applicant

Answer 12

s 3 guidelines from the inheritance provisions (family and dependent) act 1975

Question 13

overcome taxation problem of variation of a gift after death

Answer 13

s 142 inheritance tax act 1984

Question 14

duties of the personal representatives to collect and get in the real and personal estate of the deceased and administer it according to law

Answer 14

s 25 administration of estates act 1925

Question 15

unknown beneficiaires, wait 2 months before distributing.

Answer 15

s 27 trustee act 1925

Question 16

if death causes an increase of the assets value, this is taken into account

Answer 16

s 171 Inheritance tax 1984

Question 17

if the beneficiary predeceases, the issue gets the gift

Answer 17

s 33 wills act 1837

Question 18

power to invest the trust money

Answer 18

s 3 trustees act 2000

Question 19

the will speaks from the date of execution when referencing BENEFICAIREIS

Answer 19

(general rule - not s 24 - that is for objects)

Question 20

implied substitution that if the testators children receive a will, their gift will be given to their issue if they leave an issue behind

Answer 20

s 33 wills act 1837

Question 21

spouse or civil partner exemption to IHT

Answer 21

s 18 inheritance tax act 1984

Question 22

charity exemption to IHT

Answer 22

s 23 IHTA 1984