Chapter 8 Multiple choice questions

. What are the purposes of the formalities of the Wills Act 1837?

To ensure that there is written evidence of the intention of the testator.

To provide a written record for public scrutiny.

To ensure that the written evidence truly reflects the intention of the testator with the two independent signatures showing there was no coercion.

So that the beneficiaries are able to check their interests.

. What is the name for the theory that secret trusts can be justified as they are not testamentary trusts but are in fact express trusts which are created inter vivos?

The Fraud Theory

Principle of formalities

Express trusts

Dehors the will

. What is needed for the creation of secret trusts?

Communication of a trust; acceptance of the trusts and reliance on the trust.

Evidence of intention; communication of intention and acceptance.

Evidence of intention and acceptance.

Clear communication of intention; reliance on trust and inequitable to go back on the communicated intention.

. Which authority can be used to illustrate that communication must be of the intention to create a trust and the terms of the trust?

Kasperbauer v Griffith (2000) 1 WLTR 333

Ottaway v Norman [1972] 2 WLR 50

Re Keen [1937] Ch. 236

Re Boyes (1884) 26 Ch. (d). 531

. When must a fully secret trust be communicated?

It must be communicated at the same time as the will.

Anytime before the will is created.

Anytime before the testator's death.

Anytime before the will is read.

. What principles can be taken from the case of Moss v Cooper (1861) 4 LT 790?

That communication can be by an agent and acceptance can be by silence.

That communication can be by an agent.

Acceptance can be by silence.

That communication can be in a sealed envelope.

. When must a half secret trust be communicated?

It must be communicated at the same time as the will.

Anytime before the will is created.

Anytime before the testator's death.

Before or at the time of the creation of the will.

. What would happen if a half secret trust failed?

The recipient under the will takes it as a gift.

The intended beneficiary will take the property as a gift.

As it is clear that the trustee is holding on trust, the property will be held on resulting trust for the estate of the testator.

The property is taken by the Crown as bona vacanta.

. Which case recognized the validity of half secret trusts?

Blackwell v Blackwell [1929] AC 318

Moss v Cooper (1861) 4 LT 790

Re Boyes (1884) 26 Ch. (d). 531

Re Bateman's WT [1970] 1 WLR 1463.

. Can a beneficiary be a witness of a will creating a secret trust?

No, section 15 Wills Act states that a beneficiary cannot witness a will

Yes, if the trust is created dehors the will then the beneficiary does not benefit from the will but by the declaration of trust made in the testator's lifetime.

Yes, if there are more than two witnesses he can still benefit.

Yes, as a will can not be used as an instrument of fraud so the Wills Act cannot deny the intention of the testator.

Chapter 8 Multiple choice questions

Quiz Content