Wills & Probate Practice Flashcards
6 cards from real SQE2 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 & Probate Practice flashcards as text
For a will to be valid under the Wills Act 1837, it must be:
Answer: In writing, signed by the testator and witnessed by two independent witnesses who attest the signature
Section 9 Wills Act 1837 (as amended) requires a will to be in writing, signed by the testator (or someone at their direction), and the signature to be made or acknowledged in the presence of two witnesses who each attest.
A beneficiary who also witnesses a will is affected in that:
Answer: The gift to that beneficiary lapses but the will remains valid
Under s.15 Wills Act 1837, a gift to a witness (or their spouse/civil partner) is void, but the will itself remains valid for all other purposes.
On intestacy in England & Wales, if a person dies leaving a spouse and two adult children, under the Administration of Estates Act 1925 (as amended by SI 2023):
Answer: The spouse takes personal chattels, a statutory legacy (£322,000) and half the residue; the children share the other half equally
Under the current intestacy rules, a surviving spouse receives personal chattels, the statutory legacy (currently £322,000) and one half of the residue; the deceased's issue share the remaining half.
Testamentary capacity under the Banks v Goodfellow test requires the testator to:
Answer: Understand the nature of a will, the extent of their property, the claims of potential beneficiaries and be free of insane delusion affecting the will
Banks v Goodfellow (1870) established the four-limb test: understanding the nature and effect of a will, the extent of the property being disposed of, the claims of those who might expect to benefit and not suffering from a disorder of the mind.
A grant of probate is required to:
Answer: Administer an estate and transfer assets held in the deceased's sole name
Probate is the legal process confirming the executor's authority; it is needed to deal with assets held in the deceased's sole name including land, investments and bank accounts above certain thresholds.
Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be brought within:
Answer: 6 months of the grant of probate or letters of administration
Claims under the I(PFD)A 1975 must be issued within 6 months of the date of the grant of probate (or letters of administration), though the court has discretion to extend.