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

Explanation:
When a person receives a suspended sentence order, they must abide by certain conditions during the operational period. If they commit another offence during this time, the court can activate the suspended sentence and impose the custodial sentence originally suspended.

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

Explanation:
In a trust, there's typically a requirement for a minimum number of trustees to manage the trust assets. In this case, when the trust was established, three trustees were appointed. However, one trustee has died, leaving two surviving trustees. As long as the minimum number of trustees required by the terms of the trust is still met, there's no immediate need to appoint a replacement trustee.

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

Explanation:
By placing the advertisements and waiting for two months from the date of the advertisements, the executor allows sufficient time for any potential creditors to come forward with their claims before distributing the estate.

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

Explanation:
In this scenario, the testator appointed three individuals as his executors: his spouse, his friend, and his adult son. However, since the testator and his spouse divorced after the will was executed, the spouse no longer retains the right to act as an executor. Additionally, the adult son predeceased the testator, and a grant of probate to the son's estate was obtained by his nephew. Given these circumstances, the only remaining executor from the original list is the testator's friend.

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

Explanation:
Option E is the correct choice because the solicitor should first ask the client to correct the false information provided to the court. If the client refuses to do so, the solicitor should then cease to act to avoid participating in or facilitating dishonest conduct.

SRA - Solicitors Regulation Authority Practice Test

SRA - Solicitors Regulation Authority Practice Test

Free SRA SQE Property Practice and Criminal Law Questions and Answers