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?

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

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

    <p>To uphold the legal requirements for a valid gift.</p> Signup and view all the answers

    What is a holographic will?

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

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

    <p>To make no payment to the grantor.</p> Signup and view all the answers

    What is necessary for a gift to be considered valid?

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

    What distinguishes a gift from a sale?

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

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

    <p>It must be handwritten by the testator.</p> Signup and view all the answers

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

    <p>Nuncupative will</p> 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?

    <p>Strong v Bird rule</p> 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?

    <p>Ralli’s Will Trust Ch 288; 3 All ER 940</p> 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?

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

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

    <p>Donatio mortis causa</p> Signup and view all the answers

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

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

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