Self test questions - Chapter 3

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Which of the following can a will not validly do?

Appoint guardians correct incorrect

Dispose of property correct incorrect

Contain funeral directions correct incorrect

Make binding provisions about wishes for medical treatment during life correct incorrect

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What is the effect of a contract not to revoke a will?

It is void correct incorrect

It means that the relevant will is not revoked even if the testator attempts to do so correct incorrect

It allows the other party to sue for damages if the will is nevertheless revoked correct incorrect

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Which form of trust is generated by a mutual wills arrangement?

Resulting correct incorrect

Constructive correct incorrect

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Which of the following is an accurate summary?

The mutual wills doctrine is applicable because of the mere fact that wills are made in near-identical terms correct incorrect

In order for the mutual wills doctrine to apply, there must be an agreement that the survivor's will should not be revoked correct incorrect

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When does the mutual wills constructive trust arise?

The moment the mutual wills are executed correct incorrect

On the first death correct incorrect

On the survivor's death correct incorrect

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Which of the following is an accurate summary?

The survivor may not enter transactions calculated to defeat the intention of a mutual wills arrangement correct incorrect

The survivor must not enter any transaction with property subject to a mutual wills arrangement correct incorrect

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How did the Law Commission provisionally propose to reform the operation of the mutual wills doctrine?

Abolish the doctrine correct incorrect

Amend the Inheritance (Provision for Family and Dependants) Act 1975 to reduce the doctrine's impact correct incorrect

Make all the survivor's property subject to the doctrine correct incorrect

Make mutual wills formally irrevocable correct incorrect

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What makes a valid trust 'fully secret' according to the law?

The testator did not tell anyone about the trust correct incorrect

The trust is not referred to in the will correct incorrect

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What is the legal significance of the difference between a fully secret and a half-secret trust?

None correct incorrect

A half-secret trust is void correct incorrect

For a half-secret trust, the terms of the trust must be communicated to the intended trustee before the will is executed correct incorrect

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Are funeral directions contained in wills binding?

Yes correct incorrect

No correct incorrect