Self test questions - Chapter 7

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Which of the following is not a recognised approach to the construction of wills made by competent testators?

The broad approach correct incorrect

The substituted judgment approach correct incorrect

The narrow approach correct incorrect

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How do the approaches to construction of a contract and construction of a will?

They are always different correct incorrect

They are generally the same correct incorrect

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What is the court's approach to technical terms?

They are generally given their ordinary meaning correct incorrect

They are generally given their technical meaning correct incorrect

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What is the falsa demonstratio rule?

A false description does not harm correct incorrect

A false description is fatal to the gift correct incorrect

A false description demonstrates that the testator lacked capacity correct incorrect

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What is the eiusdem generis rule?

The testator is assumed to be generous correct incorrect

A general description of property is never sufficient correct incorrect

If general words are preceded by an enumeration of specific things, the general words pass only property of the same class or type (as the things specifically mentioned correct incorrect

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What is the approach to a postponed gift without qualification?

The gift is considered void correct incorrect

If any member of the class is alive when the postponement ends, the class closes at that time correct incorrect

The class remains open for 21 years after the postponement ends correct incorrect

The postponement is ignored correct incorrect

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From when does a will speak?

From the time when it is made correct incorrect

From death correct incorrect

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What happens where a testator gives his spouse an absolute interest in property but then purports to give his issue an interest in the same property?

The gift to the spouse is ignored correct incorrect

The spouse is given only a life interest correct incorrect

The testator is presumed to have intended an absolute interest to the spouse correct incorrect

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How does the court construe a reference to a 'child' if the testator leaves adopted children?

Adopted children are never included correct incorrect

An adopted child is presumptively included correct incorrect

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Which of these is not a circumstance in which extrinsic evidence is admissible?

Where the court thinks that a testator ought to have included a term different to a clear one on the face of the will correct incorrect

Where part of the will is meaningless correct incorrect

Where part of the will is ambiguous on its face correct incorrect

Where evidence other than that of intention shows that the will is ambiguous in light of the surrounding circumstances correct incorrect