EXAMINATION) COMPREHENSIVE
FLASHCARDS: ESSENTIAL LEGAL
CONCEPTS, RULES & EXAM REVISION
GUIDE QUESTIONS AND VERIFIED
SOLUTIONS 100% PASS
Fortuitous vesting
if an intending donor dies before a transfer is made and the donee becomes the
donor's personal representative, the transfer is complete in law and the gift is
enforceable.
Does The Doctrine Of Ademption Apply To General Legacies
The doctrine of ademption does not apply to general legacies. Instead, if the
subject of a general legacy is not in the estate, the beneficiary is entitled to require
the executor to purchase it if the estate has sufficient funds.
What is a codicil?
A cisting will. It must be executed with the same formalities that are required for a
will.odicil is a document that adds to, amends, or partially revokes an existing will.
It must be executed with the same formalities that are required for a will.
what happens to a will after a divorce
the parts relating to the divorced spouse cease but the rest of the will remains
,when does a marriage no revoke a will
When it is clear from the will that: (1) the testator was expecting to marry or enter
into a civil partnership with a particular person, and (2) the testator intended that
the will should not be revoked by the marriage or civil partnership.
What happens to a person's estate if they die intestate without a spouse
When a person dies intestate without a spouse or civil partner, the strict order of
entitlement under the intestacy rules applies to determine who will inherit the
estate. Usually, the estate will pass to their issue on statutory trusts.
what happens if the person in category of issue dies before the deceased
If a person in the category of issue has died before the deceased, the deceased
person's issue will take their parent's share per stirpes, provided the issue attain age
18 or marry earlier.
what happens if a beneficiary dies before the testator
If a beneficiary has predeceased the testator, the gift to them will lapse-that is, fail.
who are the issue
direct descendants such as children or grandchildren
, what is a general legacy
a gift that does not identify a particular item.
Doctrine of Ademption
If Testator gives a specific gift of property and the property cannot be found or is
no longer owned by Testator at the time of death, the gift fails.
what validates an amendment to a will after it is executed
it was made in writing and signed by the testator in the presence of two or more
witnesses present at the same time who each sign in the presence of the testator.
Rules of Intestate Succession
when the deceased is survived by a spouse or civil partner and issue, the spouse
will receive personal chattels, £270,000, and one-half of the residue. The
deceased's issue will take the other half of the residue.
what is a class gift
a gift of property to be divided among beneficiaries who fulfil a general
description.
who benefits from a vested class gift
anyone alive before the testator dies. any babies within the class conceived after
death to not benefit