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CELE SQE1 模拟练习

Examination Timing: 00H03M35S

Thomas's will includes the following bequests to his two grandchildren, David (23) and Sophie (17): "To my grandson David, 1500 shares in Horizon Technologies Ltd. to be held on trust until he turns 25. To my granddaughter Sophie, £75,000 to be held on trust until she turns 25." Which of the following options best explains the legal position?

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You have chosen the incorrect answer.
Your selected option: A

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The correct answer is B. Sophie cannot apply for maintenance, but David is entitled to the dividends on the shares in Horizon Technologies Ltd. David holds a contingent interest in the trust, and adults with a contingent trust interest are automatically entitled to the income from that interest as soon as they reach 18. By contrast, Sophie's interest is derived from a contingent pecuniary testamentary disposition and does not carry an entitlement to intermediate income unless made by a parent or person in loco parentis (In Re Raine Tyerman v Stansfield (1929)). David also cannot apply for maintenance as he is over the age of 18 and maintenance is only available to minor beneficiaries. Key Point: Beneficiaries with a contingent interest in shares are entitled to the income from those shares once they reach 18. Contingent pecuniary dispositions do not carry the same entitlement unless specified by a parent or equivalent figure.

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