Monday 8 June 2026
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
Hope you had a great weekend. Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
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This Week’s Question: A man transfers £200,000 to trustees and signs a letter stating: “Hold this money for whichever of my grandchildren most needs financial support when they reach 25.” He has four grandchildren of different ages. The trustees are unsure whether they must wait until all grandchildren reach 25 before choosing one beneficiary, or whether they may consider each grandchild as they reach 25. A dispute arises over whether the trust is valid and how the fund should be allocated. Which of the following best reflects the likely legal position?
A. The trust is void because the trustees cannot know at once which grandchild will ultimately receive the fund.
B. The trust is valid because “grandchildren” is a certain class, but the trustees may need to construe the wording to decide timing and allocation.
C. The trust is void because the trustees must be able to divide the fund into fixed shares from the outset.
D. The trust is valid only if the trustees wait until all grandchildren reach 25 before making any payment.
E. The trust is void because “financial support” is too subjective to guide any trustee decision.
Dig Deeper: Revising FLK2 Trusts? Watch
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Last Week’s Question: A woman executes a valid will leaving her entire estate equally to her two children. Five years later, she marries. She does not make a new will and does not include any provision in the existing will stating that it is made in contemplation of marriage. Two years after the marriage, she dies. Her spouse and her two children all claim an entitlement to the estate. What is the likely effect of the marriage on the will?
A. The will remains valid because it was properly executed and has never been revoked.
B. The will remains valid, but the spouse automatically receives half of the estate under the intestacy rules.
C. The will is revoked by the marriage, and the estate will generally be distributed according to the intestacy rules.
D. The will is revoked only in relation to gifts made to the children, but remains valid in all other respects.
E. The will remains valid unless the spouse can prove that the deceased intended to revoke it by marrying.
Correct answer: C. The will is revoked by the marriage, and the estate will generally be distributed according to the intestacy rules. Feedback: Under section 18 of the Wills Act 1837, a marriage or civil partnership generally revokes an existing will. The main exception is where the will was expressly made in contemplation of that particular marriage or civil partnership. To rely on this exception, the will must contain wording demonstrating that it was made in contemplation of the specific marriage. In this scenario: The will was validly executed. The woman subsequently married. The will did not state that it was made in contemplation of the marriage. Therefore, the marriage revoked the will. As a result, the deceased is likely to have died intestate, and the estate will be distributed according to the intestacy provisions in the Administration of Estates Act 1925, under which the spouse is likely to receive a significant share. The other options are incorrect because:
A is wrong: a valid will can be revoked by operation of law following marriage.
B is wrong: the will does not remain effective after revocation.
D is wrong: marriage revokes the entire will, not merely particular gifts.
E is wrong: revocation occurs automatically by statute and does not depend on proving intention.
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All the best
Dr Ioannis (Yannis) Glinavos
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