SQE1 sample questions

Question 53

A woman dies leaving all her estate to a charity. The following document is found by the executors amongst the woman’s papers:

“I hereby confirm that I am holding my holiday cottage on trust for my son and daughter-in-law.”

The document is dated a year ago and is signed by the woman. The signature is not witnessed.

The woman had taken no further action in relation to the cottage of which she was the sole registered proprietor. Her son and daughter-in-law (who are both adults) knew nothing about the document. They became estranged from the woman and had not been in contact with her in the six months prior to her death.

The son and daughter-in-law are claiming the cottage is held on trust for them and does not form part of the woman’s estate.

Which of the following factors is relevant in deciding whether the cottage is held on trust for the son and daughter-in-law?

A. The son and daughter-in-law are adults.

B. The legal title to the cottage belonged to the woman when she declared the trust.

C. The woman did not transfer the legal title to the cottage before her death.

D. The son and daughter-in-law were estranged from the woman.

E. The woman did not execute a deed declaring the trust.