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Chapter 13 Multiple choice questions
Return to Equity and Trusts Law Directions 6e Resources
Chapter 13 Multiple choice questions
Maintenance and advancement
Quiz Content
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"A power granted to trustees under which the trustees may, at their discretion, apply trust income for the benefit of infant beneficiaries". What does this define?
Power of Advancement
correct
incorrect
Power of Accumulation
correct
incorrect
Power of Maintenance
correct
incorrect
Power of Appointment
correct
incorrect
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Which of the following factors must be taken into account by trustees when exercising a power of maintenance under the Trustee Act 1925?
The express terms of the trust instrument.
correct
incorrect
Whether the payment is reasonable having regard to the age of the infant.
correct
incorrect
Availability of other income applicable for the same purposes.
correct
incorrect
All of the options given are correct.
correct
incorrect
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Trustee Act 1925 section 31(3) states that the power of maintenance applies in the case of a contingent interest only if the limitation or trust carries the intermediate income. Which of the following dispositions is presumed not to carry the intermediate income?
Future specific devise or bequest of real property.
correct
incorrect
Contingent specific devise or bequest of real property.
correct
incorrect
Contingent pecuniary legacy.
correct
incorrect
Contingent residuary devise of freehold land.
correct
incorrect
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Which of the following factors must be taken into account by trustees when exercising a power of advancement under the Trustee Act 1925?
Whether the beneficiary is over the age of 21.
correct
incorrect
Whether the beneficiary is an infant.
correct
incorrect
Whether the beneficiary is embarking on a new career.
correct
incorrect
None of the options given is correct.
correct
incorrect
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Which of the following statements is true?
Trustees may exercise the power of advancement if persons other than the intended beneficiary might incidentally benefit from the exercise of the power.
correct
incorrect
Trustees may not exercise the power of advancement if persons other than the intended beneficiary might benefit from the exercise of the power.
correct
incorrect
Trustees may exercise the power of advancement provided that persons with an interest prior to that of the intended beneficiary will also benefit from the exercise of the power.
correct
incorrect
Trustees may exercise the power of advancement only once in the case of each beneficiary; the power is then said to have been "exhausted".
correct
incorrect
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In 2010 a gift was made by way of trust for A and B in equal shares upon their graduating from university. The trust fund is valued at £100,000. What is the maximum payment by way of advancement that can be made, today, to A? (Assume that A has not previously received moneys from the fund.)
£50,000
correct
incorrect
£25,000
correct
incorrect
£100,000
correct
incorrect
None
correct
incorrect
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In 2010, a gift was made by way of trust for A and B in equal shares upon their graduating from university. The trust fund is valued at £100,000. By way of advancement, the trustees pay £25,000 to A (who had not previously received moneys from the fund) and subsequently the remaining £75,000 worth of trust property increased in value and is now estimated to be worth £300,000. What is the maximum that the trustees may now pay to B by way of advancement?
£81,250
correct
incorrect
£150,000
correct
incorrect
£162,500
correct
incorrect
£75,000
correct
incorrect
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In this chapter we have encountered the definition of "personalty". Which of the following is NOT personalty?
A Lease
correct
incorrect
Money in a joint bank account
correct
incorrect
A Freehold
correct
incorrect
A car
correct
incorrect
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The general rule is that a "contingent pecuniary legacy" will not carry the intermediate income (Re Raine [1929] 1 Ch 716). There are exceptions to the rule. Which of the following is NOT an exception?
Where the testator was the parent of an adult
legatee.
correct
incorrect
The exception is based on the presumed intention of the testator.
correct
incorrect
The exception is based on the presumed intention of the testator.
correct
incorrect
The exception is based on the presumed intention of the testator.
correct
incorrect
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Which of the following words or phrases is a synonym of "advancement" as that word is used in the context of the Trustee Act 1925 s.32?
Advantage
correct
incorrect
In advance
correct
incorrect
Loan
correct
incorrect
Installment
correct
incorrect
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