Self test questions - Chapter 4

* not completed

Which of these is not required for a testator to have testamentary capacity?

An ability to recall every item of one's property correct incorrect

An understanding of the nature of making a will and its effects correct incorrect

An appreciation of the claims to which he ought to give effect correct incorrect

A freedom from 'insane delusions' affecting his dispositions correct incorrect

* not completed

What is the impact of a delusion on testamentary capacity?

A delusion has no impact on capacity correct incorrect

A delusion always negates capacity correct incorrect

A delusion will affect capacity if it affects the making of the will correct incorrect

* not completed

Which of the following most accurately describes knowledge and approval?

The testator had the ability to understand the provisions of the will correct incorrect

The testator was in fact aware of the will's provisions correct incorrect

* not completed

What is the consequence of a will being made conditional on the occurrence of a particular event?

The will becomes void irrespective of whether the condition has been satisfied correct incorrect

The will becomes effective irrespective of whether the condition has been satisfied correct incorrect

The will becomes effective only if the condition has been satisfied correct incorrect

* not completed

Which of these would be regarded as a 'suspicious circumstance' in itself?

The will was prepared by a beneficiary correct incorrect

The will is nearly identical to that of a major beneficiary correct incorrect

The will was 'homemade' correct incorrect

The will excludes the testator's granddaughter correct incorrect

* not completed

Which sort of mistake cannot be rectified using section 20 of the Administration of Justice Act 1982?

A clerical error correct incorrect

A testator's misunderstanding of a provision's legal effect correct incorrect

A solicitor's misunderstanding of the testator's instructions correct incorrect

* not completed

What is the effect of a testator being fraudulently misled on a matter material to the will?

The whole will remains valid correct incorrect

The whole will is void correct incorrect

Gifts to those who are parties to the fraud will be void, but gifts to others can be upheld correct incorrect

* not completed

Which of the following accurately describes undue influence as it is understood in Succession Law?

Coercion correct incorrect

Persuasion correct incorrect

Encouragement correct incorrect

Questioning correct incorrect

* not completed

Can undue influence be presumed by virtue of the parties' relationship in Succession Law?

Yes correct incorrect

No correct incorrect

* not completed

How did the Law Commission provisionally propose to remedy the difficult relationship between testamentary undue influence and knowledge and approval?

Reforming the costs rules to avoid onerously penalising those who allege undue influence correct incorrect

Abolishing the doctrine of knowledge and approval correct incorrect

Reforming the operation of presumptions relating to knowledge and approval correct incorrect

Placing both knowledge and approval and undue influence on a well-defined statutory footing correct incorrect