SQE1 Wills, Criminal Law & Dispute Resolution 1 — Questions and Answers
Question 1: Under the Wills Act 1837, what formalities are required for a valid will in England and Wales?
- The will must be typed and signed by the testator only
- The will must be in writing, signed by the testator (or by another in their presence and by their direction), with the testator's signature made or acknowledged in the presence of two witnesses present at the same time, who then sign the will (Correct answer)
- The will must be registered at the Probate Registry to be valid
- A solicitor must witness every will for it to be valid
Correct answer: The will must be in writing, signed by the testator (or by another in their presence and by their direction), with the testator's signature made or acknowledged in the presence of two witnesses present at the same time, who then sign the will
Under s.9 of the Wills Act 1837 (as amended), a valid will must: be in writing; be signed by the testator (or by another in their presence and by their direction); the testator's signature must be made or acknowledged in the presence of two or more witnesses present at the same time; and each witness must sign in the testator's presence.
Question 2: What is 'testamentary capacity' and which case established the legal test for it?
- The physical ability to write a will; established in Banks v Goodfellow (1870)
- The legal and mental capacity to make a valid will; the test was established in Banks v Goodfellow (1870) (Correct answer)
- A formal assessment by a psychiatrist; required for all testators over 70
- The requirement that the testator be over 18; established in the Wills Act 1837
Correct answer: The legal and mental capacity to make a valid will; the test was established in Banks v Goodfellow (1870)
Testamentary capacity (Banks v Goodfellow [1870]) requires the testator to: understand the nature of making a will and its effects; understand the extent of the property being disposed of; comprehend the claims of those who might expect to benefit; and not suffer from any disorder of the mind affecting those faculties.
Question 3: Under the Inheritance (Provision for Family and Dependants) Act 1975, who can make a claim against a deceased's estate?
- Only the deceased's children
- A specified class including the deceased's spouse, civil partner, former spouse (not remarried), children, treated-as-a-child persons, and dependants (Correct answer)
- Any creditor of the deceased
- Only the deceased's parents if they were dependants
Correct answer: A specified class including the deceased's spouse, civil partner, former spouse (not remarried), children, treated-as-a-child persons, and dependants
The Inheritance Act 1975 allows a defined class to apply for reasonable financial provision from the estate: spouses/civil partners, former spouses/CPs (not remarried), children (including adult children), persons treated as children of the family, and dependants.
Question 4: What is the mens rea (mental element) of murder under English criminal law?
- Recklessness as to death or grievous bodily harm
- An intention to kill or an intention to cause grievous bodily harm (Correct answer)
- Gross negligence
- Knowledge that death would probably result
Correct answer: An intention to kill or an intention to cause grievous bodily harm
The mens rea of murder is malice aforethought — defined as an intention to kill or an intention to cause grievous bodily harm (GBH). Intention to cause GBH (even without intention to kill) is sufficient for a murder conviction if death results (R v Moloney [1985]).
Question 5: What is the defence of 'loss of control' under the Coroners and Justice Act 2009 and how does it differ from the old provocation defence?
- It is identical to the old provocation defence with no substantive changes
- It requires a qualifying trigger (sexual infidelity alone is excluded), a loss of control (not necessarily sudden), and that a person of the defendant's age and sex with normal tolerance would have reacted similarly (Correct answer)
- It applies only to domestic violence situations
- It is available only to defendants with a diagnosed mental illness
Correct answer: It requires a qualifying trigger (sexual infidelity alone is excluded), a loss of control (not necessarily sudden), and that a person of the defendant's age and sex with normal tolerance would have reacted similarly
Under the Coroners and Justice Act 2009 (ss.54-55), loss of control replaces provocation. Key changes: the loss of control need not be sudden; sexual infidelity alone cannot be a qualifying trigger; the trigger must be either a fear of serious violence or circumstances of an extremely grave character that caused the defendant to have a justifiable sense of being seriously wronged.
Question 6: In civil litigation, what is the purpose of a 'Part 36 offer' under the Civil Procedure Rules?
- An offer by either party to settle that carries costs consequences if rejected and not beaten at trial (Correct answer)
- An application for summary judgment without a full trial
- An offer to mediate made before proceedings are issued
- A formal notice of discontinuance of proceedings
Correct answer: An offer by either party to settle that carries costs consequences if rejected and not beaten at trial
A Part 36 offer (CPR Part 36) is a formal settlement offer with specific costs consequences. If a claimant fails to beat a defendant's Part 36 offer at trial, they usually pay the defendant's costs from the date of expiry of the offer. If a claimant's Part 36 offer is not beaten, the defendant faces enhanced consequences.
SQE1 Wills, Criminal Law & Dispute Resolution 1
Under the Wills Act 1837, what formalities are required for a valid will in England and Wales?