Solicitors Qualifying Examination (SQE) Practice Exa\

Under what circumstance is interest payable on a pecuniary legacy from the date of death?

1. When a legacy is payable to the deceased's sibling

2. When a legacy is payable to the testator's own minor child with no maintenance available

3. When the legacy exceeds a certain amount

4. When there are multiple beneficiaries

The correct answer is: When a legacy is payable to the testator's own minor child with no maintenance available

Interest on a pecuniary legacy is typically payable from the date of death when the legacy is made to a minor child of the testator and there is no maintenance available for that child. This is grounded in the understanding that a minor child may rely on the legacy for their support and wellbeing, particularly in the absence of any alternative means of maintenance. To avoid any hardship that might stem from the delay in the distribution of the estate, the law recognizes the need to provide interest from the date of death to ensure that the minor is not financially disadvantaged. In contrast, the other scenarios presented do not inherently necessitate the payment of interest from the date of death because they do not involve the same level of dependency or urgency for support. For instance, payments to a sibling do not trigger the same protection, nor do situations where there are multiple beneficiaries or where a legacy exceeds a certain amount inherently establish a right to interest from the date of death. Each of these circumstances would typically follow different rules regarding the timing of interest payments.