The Law of Testate and Intestate Succession Quiz

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What are the customary law requirements that must be met for a gift to be considered a perfect gift?

The donor is the owner of the property to be given and the donee must accept the gift during the donor's lifetime.

The donor is the owner of the property to be given and Aseda must be offered by the donee.

The donor expresses the intention to make the gift and it must be made before witnesses.

The donor expresses the intention to make the gift and the subject matter must be delivered to the donee during the donor's lifetime. (correct)

Under what circumstances will equity perfect an imperfect gift?

If the subject matter of the gift is not delivered to the donee during the donor's lifetime.

If the donor is not the owner of the property to be given.

If any of the customary law requirements for a perfect gift are lacking. (correct)

If the donee does not accept the gift during the donor's lifetime.

What action by the donee signifies acceptance of a gift during the lifetime of the donor?

Stating verbally that they accept the gift.

Offering Aseda as a gesture of thanks to the donor.

Exercising right of ownership of the subject matter of the gift. (correct)

Delaying acceptance until after the donor's lifetime.

What makes a gift imperfect according to the text?

If any of the customary law requirements for a perfect gift are lacking. Signup and view all the answers

Why is it important for equity not to perfect an imperfect gift?

To uphold the legal requirements for a valid gift. Signup and view all the answers

What is a holographic will?

A will that is not written nor attested by two witnesses. Signup and view all the answers

In a gift inter vivos, what is expected from the grantee?

To make no payment to the grantor. Signup and view all the answers

What is necessary for a gift to be considered valid?

The donor must be the owner of the property being gifted. Signup and view all the answers

What distinguishes a gift from a sale?

In a sale, covenants are implied by law. Signup and view all the answers

What is required for a holographic will to be considered valid?

It must be handwritten by the testator. Signup and view all the answers

What type of will is an oral will witnessed while the testator is near death?

Nuncupative will Signup and view all the answers

What rule allows an imperfect gift to be perfected when the donee is appointed as executor or administrator of the donor's estate?

Strong v Bird rule Signup and view all the answers

In which case can a gift be perfected by appointing the donee as executor or administrator of the donor's estate?

Ralli’s Will Trust Ch 288; 3 All ER 940 Signup and view all the answers

Under which circumstance can the vesting of the property in the putative donee as executor/administrator perfect an incomplete gift?

When the intentions to make the gift continue until the donor's death Signup and view all the answers

Which type of gift is made by the donor during their lifetime to take effect after their death?

Donatio mortis causa Signup and view all the answers

What are the three main conditions required for a Donatio Mortis Causa to be perfect?

Donor must contemplate impending death, gift must be conditional on donor's death, and donor must part with dominion Signup and view all the answers

The Law of Testate and Intestate Succession Quiz

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