Interpretation and failure of gifts — SQE1 Wills question
A worked single-best-answer question on interpretation and failure of gifts, with why each wrong option is wrong — the way SQE1 traps candidates.
Arthur's will leaves £20,000 to his friend Carl and the residue to his daughter. Arthur signed the will in the presence of three witnesses, all present at the same time: Carl's wife, Mina, and two neighbours, neither of whom benefits under the will. All three witnesses then signed in Arthur's presence. Arthur has now died.
What is the effect of Mina having acted as a witness?
- AThe whole will is invalid, because the spouse of a beneficiary acted as a witness.
- BThe gift to Carl is void, because a gift to a witness's spouse fails whatever the number of witnesses.
- CThe gift to Carl is valid only if Mina disclaims any interest she may have in it.
- DThe gift to Carl is valid, because Mina's attestation is disregarded where the will is duly executed without her.
- EThe gift to Carl takes effect only up to the amount he would have received on Arthur's intestacy.
Show answer and reasoning
Rule: A gift to a witness or a witness's spouse or civil partner is void, but the will is valid; the gift is saved if the will is duly executed without that witness's attestation.
- A Section 15 never invalidates the will itself; at most it avoids the gift. (wrong rule)
- B Section 1 Wills Act 1968 saves the gift where there are two other valid witnesses, as here. (wrong rule)
- C There is no disclaimer requirement; the gift is saved by the 1968 Act. (wrong rule)
- E There is no rule limiting such a gift to the intestacy entitlement. (wrong rule)
Source: Wills Act 1837, s 15; Wills Act 1968, s 1
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