Wills, Intestacy and Probate Flashcards
6 cards from real SQE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Wills, Intestacy and Probate flashcards as text
What does it mean for a gift to 'adeem' in the law of wills?
Answer: The specific gift fails because the subject matter no longer exists in the estate at death
Ademption occurs when a specifically gifted item has been sold, lost, or destroyed before the testator's death, leaving nothing to pass under that gift.
When is a codicil used in will drafting?
Answer: To make a minor amendment to an existing will without revoking it
A codicil is a formal supplementary document that amends specific provisions of an existing will while leaving the rest of the will intact.
What is the 'residence nil-rate band' (RNRB) in inheritance tax?
Answer: An additional IHT threshold of up to £175,000 when a family home passes to direct descendants
The RNRB (up to £175,000) is an additional IHT allowance available when a qualifying residential property is left to direct descendants such as children or grandchildren.
Under what circumstances can a will be challenged on the ground of 'undue influence'?
Answer: Where the testator's free will was overborne by pressure from another person
Undue influence vitiates a will where the testator's independent judgment was overridden by coercion or pressure, such that the will does not represent their true wishes.
What is the personal representatives' duty regarding estate debts before distributing assets to beneficiaries?
Answer: They must pay all debts and liabilities in the correct statutory order before distribution
Personal representatives are personally liable if they distribute assets without first discharging the estate's liabilities in the order prescribed by the Administration of Estates Act 1925.
What is a 'deed of variation' in the context of estate administration?
Answer: A document signed by beneficiaries to redirect inherited assets, effective for IHT and CGT if made within 2 years of death
A deed of variation allows beneficiaries to redirect their inheritance within 2 years of death, and if properly drafted, the redirection is treated as if made by the deceased for IHT and CGT purposes.