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Question 1

The doctrine of incorporation by reference means that:

a) All the terms of a will must be contained in the will itself

b) The will may refer to other documents

c) The will may refer to other documents, which must be in existence when the will is made

d) The will may contain more than one document

Question 2

What is the difference between a fully secret and a half secret trust?

a) A fully secret trust includes all the property of the deceased

b) In a fully secret trust the secret trustees are only told of the existence of the trust, not the names of the beneficiaries

c) A fully secret trust does not appear in the will

d) In a half secret trust only one of the secret trustees has to agree to hold on trust

Question 3

Which of the following is not an essential requirement of a half secret trust?

a) Fraud

b) Intention

c) Communication

d) Acquiescence

Question 4

Communication in a fully secret trust must be:

a) Before the will is made

b) At any time, if it is by letter

c) Before the testator dies

d) To all the secret trustees

Question 5

Which of the following is not an essential requirement of a mutual will?

a) The married couple have made identical or similar wills

b) The married couple have made a contract not to revoke their will

c) The married couple leave property to each other

d) The mutual will becomes binding on the death of the first spouse

Question 6

Which of the following is not an essential requirement of donatio mortis causa?

a) Intention to give

b) Delivery of dominion

c) Expectation of death

d) Contemplation of death

Question 7

When a fully secret trust fails, what happens to the property that the testator intended to be held of trust?

a) The property returns to the estate of the testator on a resulting trust

b) The intended secret trustee(s) can keep the property

c) It is divided among the other beneficiaries in the will

d) It goes to the government as ownerless goods (bona vacantia)

Question 8

For a donatio mortis causa to be valid the donor must deliver dominion over the property to the donee. Which of the following would not count as delivery of dominion?

a) Giving a Post Office Savings book to the donee

b) Giving the key to a safety deposit box to the donee

c) Giving a front door key to the donee. The documents of title are in the house.

d) Giving the vehicle registration document of a car to the donee

Question 9

There may be more than one secret trustee. If communication is to only one of the secret trustees:

a) None of the secret trustees is bound by the trust

b) All the secret trustees are bound

c) If the secret trustees are joint tenants and communication is before the will is made, they are both bound

d) If the secret trustees are tenants in common and communication is before the will is made, they are both bound

Question 10

The rule in Strong v Bird (1874) LR 18 Eq 315 applies to which type of property?

a) Debts only

b) Personal property only

c) Real property only

d) All types of property

Oxford University Press, Online Resource Centre, Chapter 09.

Chapter 09

Instructions