FREE SRA SQE Property Practice and Criminal Law Questions and Answers

Question 1

A man was convicted in the Magistrates' Court of theft four months ago. He received a suspended sentence order of six months’ custody. The operational period of the suspended sentence is 12 months. A requirement to complete 80 hours of unpaid work was attached to the suspended sentence order and the man has completed the unpaid work.

The man has now been convicted in the Magistrates’ Court for an offence of criminal damage committed one month ago.

Can the Magistrates’ Court now activate the custodial sentence?

Accepted Answer

Yes, because the man has committed an offence during the operational period of the suspended sentence order.

Answer

No, because the new offence is non-imprisonable.

Answer

No, because the man has completed the requirement attached to the suspended sentence order.

Answer

No, because the operational period of the suspended sentence order is still running.

Answer

Yes, because the man has committed an offence within the six month period of custody imposed.

Question 2

A man died leaving a will by which he left all his estate to three trustees to hold on trust for the four children of his best friend. The children are to inherit at the age of 18. Two of the children have reached the age of 18 and have received their share of the trust fund. The other two children are still under the age of 18. The trust fund comprises a portfolio of shares. One of the trustees has just died.

Which of the following best describes whether it is necessary for a replacement trustee to be appointed?

Accepted Answer

There is no requirement to appoint a replacement trustee because there are two surviving trustees.

Answer

A replacement trustee must be appointed because some of the beneficiaries are still under the age of 18.

Answer

A replacement trustee must be appointed because three trustees were originally appointed and there are now only two trustees.

Answer

There is no requirement to appoint a replacement trustee because the trust came into effect after the man’s death and not during his lifetime.

Answer

There is no requirement to appoint a replacement trustee because there is no land in the trust investments.

Question 3

A man died one month ago leaving a will by which he appointed his friend as his sole executor.

The executor has not yet applied for a grant of probate. He wishes to protect himself against claims of unknown creditors and has decided to place advertisements in the London Gazette, a newspaper circulating in the district in which any land forming part of the estate is situated and any other newspaper or publication he considers might be appropriate.

Which of the following best describes how the executor can protect himself against claims from unknown creditors through advertising as above?

Accepted Answer

He should place the advertisements and must wait for two months from the date of the advertisements before distributing the estate.

Answer

He should place the advertisements and must wait for two months from the date of the grant of probate before distributing the estate.

Answer

He should place the advertisements and must wait for two months from the date of death before distributing the estate.

Answer

He should place the advertisements but must wait for two months from the date of death before doing so.

Answer

He should place the advertisements but must wait for two months from the date of the grant of probate before doing so.

Question 4

By his will, a testator appointed his spouse, his friend and his adult son to be his executors. The testator and his wife divorced after the will was executed. The testator has now died. The son predeceased the testator and a grant of probate to the son’s estate was obtained by his nephew.

The testator left all of his estate to his niece who is 20 years of age.

Who has the best right to apply for a grant of representation to the testator’s estate?

Accepted Answer

The testator’s friend only.

Answer

The testator’s ex-spouse, the testator’s friend, and the nephew of the son only.

Answer

The testator’s friend and the testator’s niece only.

Answer

The testator’s friend, the nephew of the son, and the testator’s niece only.

Answer

The testator’s friend and the nephew of the son only.

Question 5

A solicitor acts for a client who is found guilty of theft. The client asks the solicitor to present a plea in mitigation on her behalf. At the hearing, the client gives the court a false address and date of birth in order to conceal the fact that she has previous convictions.

Which of the following statements best describes what the solicitor should do?

Accepted Answer

Ask the client to correct the information about her address and date of birth and, if she refuses, cease to act.

Answer

Cease to act immediately.

Answer

Not refer to the client's character or previous convictions.

Answer

Immediately correct the information about the client’s address and date of birth without further reference to the client.

Answer

Not refer directly to the client's previous convictions but imply that she is of good character.

Question 6

A will trust contains the following provisions:

“My Trustees shall hold my property on trust to permit my mother to live in the property for the remainder of her life and after her death to hold the property upon trust for such of my nephew and niece as survive my mother and attain the age of 21 years in equal shares.”

The nephew is now aged 20 years and the niece is aged 22 years.

Which of the following statements best describes the beneficial interests in the trust fund?

Accepted Answer

The mother has a vested interest but the nephew and niece have contingent interests.

Answer

The mother has a contingent interest but the nephew and niece have vested interests.

Answer

The mother, nephew, and niece all have contingent interests.

Answer

The mother, nephew, and niece all have vested interests.

Answer

The mother and niece have vested interests but the nephew has a contingent interest.

Question 7

A client has entered into a contract to sell her house.

After an exchange of contracts, the client seeks advice about whether she may keep the light fitting in the sitting room. This is held to the ceiling by three small screws and was made by the client’s late father.

The light fitting is not mentioned in the contract.

May the client remove the light fitting before completion?

Accepted Answer

Yes, because the light fitting is likely to be a chattel due to the slight degree of attachment.

Answer

No, because the light fitting is likely to be a fixture due to the high degree of attachment.

Answer

No, because the removal constitutes a breach of an implied term of the contract as the room will be unlit when the new owners move in.

Answer

No, because any item within a property is permanently part of the land and must not be removed.

Answer

Yes, because any item with sentimental value is always removable.

Question 8

A man died intestate a month ago. He had never been married or in a civil partnership. At the time of his death, the man was living with his partner, with whom he had been cohabiting for 20 years, and her daughter (aged 23 years). The partner’s daughter lived with the man and his partner throughout their relationship.

The man had a son (aged 25 years) from a previous relationship and a daughter (aged 19 years) whom he and his partner adopted ten years ago.

Who is entitled to share in the distribution of the man’s estate?

Accepted Answer

The son and the man’s daughter only.

Answer

The partner, the son, and the man’s daughter only.

Answer

The son, the man’s daughter, and the partner’s daughter only.

Answer

The son only.

Answer

The man’s daughter only.

Question 9

A leasehold flat was owned by a brother and sister as tenants in common in equal shares. The sister died last month and under the terms of her will, the whole of her estate is given to her adult daughter absolutely. It is estimated that the flat is worth £200,000 as a very similar flat in the same block sold for that figure last month. The sister’s estate will be subject to Inheritance Tax (IHT).

If the estimated worth of the flat is correct what will be the value of the sister’s half share for IHT purposes?

Accepted Answer

£100,000 less a percentage discount to reflect the fact that the flat was co-owned at the sister’s death.

Answer

£100,000 as no discount is available because of the application of the related property rules between brother and sister.

Answer

£100,000 as no discount is available because of the application of the related property rules between a mother and daughter.

Answer

£100,000 as no discount is available because of the application of the related property rules which apply when more than two close relatives are connected with the ownership of a property.

Answer

£100,000 as no discount is available because the flat is leasehold.

Question 10

A man died on 4 May 2025. He left his entire estate to his nephew. He was a bachelor and did not make any lifetime gifts. His estate comprised a house free of mortgage worth £175,000 which he had lived in for over 20 years and bank and building society accounts with balances totalling £550,000. He also owned a house worth £170,000 free of mortgage which he inherited from his aunt and which has been rented out to tenants for the last 30 years. The man’s debts and funeral expenses totalled £9,000.

In the 2025/24 tax year the nil rate band is £325,000 and the main residence nil rate band is £175,000.

How much Inheritance Tax will be payable on the man’s estate?

Accepted Answer

£224,400

Answer

£354,400

Answer

£154,400

Answer

£152,000

Answer

£84,400