Wills: Non-dispositive & Dispositive Clauses

Question 1

Specific gifts

Answer 1

Particular item owned by D i.e. painting.

Words such as “my” mean that the chattel is ascertained at the time the will is made rather than death. If the asset is no longer owned at death and there is no substitution clause, the gift would fail.

Question 2

Collections

Answer 2

Collections must be clearly identified. If division required the manner, timing of division and consequences should be stated.

Question 3

Chattels

Answer 3

All tangible property except for money/securities and excluding property owned for business purposes or as an investment.

Question 4

Demonstrative gifts

Answer 4

Type of general legacy (most likely pecuniary) which the will directs should be paid from a specified fund.

If the fund is insufficient/doesn’t exist the beneficiary is entitled to ay balance/gift from a different fund.

Question 5

Pecuniary gift

Answer 5

Gift of money