Wills Drafting: Gifts to Particular Beneficiaries Flashcards
What is a class gift in a will?
A) A gift left to an individual beneficiary
B) A gift left to multiple people identified by name
C) A gift left to a group of people defined by a common characteristic
D) A gift left to a charity or unincorporated association
C) A gift left to a group of people defined by a common characteristic
Explanation: A class gift is made to a group of beneficiaries identified by a shared characteristic (e.g., “my grandchildren”). The class closes when the first beneficiary satisfies the contingency (e.g., turning 21).
Under the Wills Act 1837, what happens if a testator’s child predeceases them?
A) The child’s share automatically lapses and is redistributed among the remaining beneficiaries
B) The child’s share is divided equally among the surviving children
C) The child’s share is inherited by their own children unless excluded by the will
D) The gift is transferred to the residuary estate
C) The child’s share is inherited by their own children unless excluded by the will
Explanation: Section 33 Wills Act 1837 applies, meaning that if a child predeceases the testator, their own children (if any) inherit their share, unless explicitly excluded in the will.
What happens if a testator gifts “my car” to a beneficiary but they own a different car at the time of death?
A) The executor must purchase a similar car for the beneficiary
B) The gift fails due to ademption
C) The beneficiary receives the car the testator owned at death
D) The beneficiary receives the monetary value of the car
B) The gift fails due to ademption
Explanation: A specific gift fails if the asset no longer exists when the testator dies. This is known as ademption, meaning the beneficiary receives nothing unless a substitution is included.
When does a class of beneficiaries typically “close” under the class closing rules?
A) When the testator dies
B) When the first member of the class meets the contingency
C) When all members of the class have reached adulthood
D) When the executor distributes the estate
B) When the first member of the class meets the contingency
Explanation: A class gift closes when the first beneficiary meets the contingency (e.g., reaching a certain age). This prevents new members from joining the class after distribution begins.
A testator leaves a house to their son but does not mention the mortgage attached to it. Who is responsible for paying the mortgage?
A) The estate automatically repays the mortgage
B) The executor must decide how to handle the mortgage
C) The mortgage lender seizes the house
D) The son inherits the house subject to the mortgage
D) The son inherits the house subject to the mortgage
Explanation: Section 35 Administration of Estates Act 1925 states that a beneficiary inherits property with any outstanding mortgage unless the will expressly states otherwise.
A testator’s will states: “I give £10,000 to my son absolutely.” The son dies before the testator, leaving two children. What happens to the gift?
A) The gift passes to the testator’s residuary estate
B) The gift is divided equally between the son’s children under section 33
C) The gift fails completely and is lost
D) The gift must be transferred to the executor’s discretion
B) The gift is divided equally between the son’s children under section 33
Explanation: Section 33 Wills Act 1837 ensures that the gift does not lapse and is instead inherited by the children of the deceased beneficiary unless the will states otherwise.
A testator leaves their residuary estate to their spouse, but the spouse dies two weeks after the testator. What happens to the estate?
A) It passes under the intestacy rules
B) It is transferred to the testator’s next of kin
C) It becomes part of the spouse’s estate
D) It is divided equally among the testator’s executors
C) It becomes part of the spouse’s estate
Explanation: No automatic survivorship period applies in wills. If a spouse survives the testator (even for a short time), they inherit, and the assets pass under their estate.
A testator wants to leave a gift to a local charity. What must be included to ensure the gift is valid?
A) The charity’s full name and address
B) A provision allowing the executor to decide on a substitute charity
C) A clause stating that the charity must still exist at the time of the testator’s death
D) All of the above
D) All of the above
Explanation: A valid charitable gift should include full details of the charity, a substitute charity if the original does not exist, and clarification on whether the gift should fail if the charity is dissolved.
A testator’s will states: “I leave £5,000 to my nephew.” The nephew is bankrupt at the time of the testator’s death. What happens to the gift?
A) The nephew receives the full amount
B) The gift is void due to bankruptcy
C) The money is used to pay off the nephew’s creditors
D) The executor can choose to give the gift to another family member
C) The money is used to pay off the nephew’s creditors
Explanation: If a beneficiary is bankrupt, their inheritance is usually claimed by creditors to settle outstanding debts unless protected by a trust.
A testator leaves their residuary estate to their three children, but one child dies before them. There is no substitution clause. What happens?
A) The deceased child’s share is split between the surviving children
B) The deceased child’s share passes to their own children
C) The deceased child’s share is distributed according to intestacy rules
D) The executor can distribute the share at their discretion
A) The deceased child’s share is split between the surviving children
Explanation: Without section 33 or a substitution clause, the share of a predeceased beneficiary lapses, and the surviving children receive the entire estate.
A testator leaves £10,000 to “my nurse.” The testator had a private nurse when they wrote the will but had a different nurse at the time of their death. Who is entitled to the gift?
A) The original nurse who was caring for the testator when the will was executed
B) The new nurse who was caring for the testator at the time of death
C) The estate’s residuary beneficiaries, as the gift is void for uncertainty
D) The court must determine the testator’s intention using external evidence
D) The court must determine the testator’s intention using external evidence
Explanation: Under Section 21 Administration of Justice Act 1982, extrinsic evidence may be used when ambiguity exists in a will, such as determining who “my nurse” refers to. The court will consider context, including the testator’s intention and surrounding circumstances.
A testator leaves their residuary estate to “my children,” but one of their children has died before them, leaving two grandchildren. The will does not explicitly exclude section 33 Wills Act 1837. What happens to the deceased child’s share?
A) The gift lapses and is distributed under intestacy rules
B) The gift is split equally between the surviving children
C) The executor decides whether the grandchildren inherit
D) The grandchildren inherit their deceased parent’s share under section 33
D) The grandchildren inherit their deceased parent’s share under section 33
Explanation: Section 33 Wills Act 1837 provides that if a testator’s child predeceases them, their own children (the testator’s grandchildren) inherit their share unless explicitly excluded in the will.
