Self test questions - Chapter 5

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Which of the following will constitute 'writing' for the purposes of section 9 of the Wills Act 1837?

A video of a person reading out a will's terms correct incorrect

A printout of a word-processed document correct incorrect

A file stored on a memory stick correct incorrect

A text message on a mobile phone correct incorrect

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Which of the following is not a 'signature' for the purposes of section 9 of the Wills Act 1837?

A thumb-print correct incorrect

'Your affectionate father' correct incorrect

A name written in block capitals correct incorrect

A partial rendering of the testator's name, interrupted and never completed correct incorrect

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In which of the following circumstances has there been a valid signature by 'some other person in [the testator's] presence and by his direction'?

The testator is unable to hold a pen, so a non-beneficiary steps in without any communication and signs the will in the testator's presence correct incorrect

The testator is perfectly capable of signing, but decides that he would rather not do so personally. He asks a beneficiary to sign in his presence, and the beneficiary obliges correct incorrect

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Is a will potentially valid if it is signed at the top first and its provisions are written out underneath?

Yes correct incorrect

No correct incorrect

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Which of the following is a witness not required to do?

Read the will correct incorrect

Sign the will correct incorrect

Be in the presence of the testator correct incorrect

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What does the maxim omnia praesumuntur rite esse acta mean?

If the witness was present then everything was correct correct incorrect

Formalities are less important than giving effect to intention correct incorrect

All formalities are presumed to have been correctly carried out correct incorrect

A testator close to death need not comply with the formality requirements correct incorrect

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Which of these is not one of the recognised functions of formality requirements?

The channelling function correct incorrect

The cautionary function correct incorrect

The evidentiary function correct incorrect

The giving effect to substance function correct incorrect

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Which standard of proof did the Law Commission provisionally propose for a dispensing power?

Beyond all doubt correct incorrect

Beyond reasonable doubt correct incorrect

The balance of probabilities correct incorrect

Likely correct incorrect

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What is a holograph will?

A will drawn up on transparent paper correct incorrect

A will consisting of a hologram of the testator reading out the provisions correct incorrect

A handwritten will correct incorrect

A purely oral will correct incorrect

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Does a solicitor potentially owe a duty of care to an intended will beneficiary?

Yes correct incorrect

No correct incorrect