SQE Wills, Intestacy and Probate 3

Question 1

What does it mean for a gift to 'adeem' in the law of wills?

Accepted Answer

The specific gift fails because the subject matter no longer exists in the estate at death

Answer

The gift is doubled due to a codicil

Answer

The beneficiary disclaims the gift

Answer

The gift is transferred to the residuary estate

Question 2

When is a codicil used in will drafting?

Accepted Answer

To make a minor amendment to an existing will without revoking it

Answer

To replace an entire will

Answer

To appoint a new executor only

Answer

To register the will at the Probate Registry

Question 3

What is the 'residence nil-rate band' (RNRB) in inheritance tax?

Accepted Answer

An additional IHT threshold of up to £175,000 when a family home passes to direct descendants

Answer

A reduction in IHT for non-UK residents

Answer

The nil-rate band available to a surviving spouse

Answer

A business property relief scheme

Question 4

Under what circumstances can a will be challenged on the ground of 'undue influence'?

Accepted Answer

Where the testator's free will was overborne by pressure from another person

Answer

Where the will was not witnessed correctly

Answer

Where the testator lacked mental capacity

Answer

Where a beneficiary forged the testator's signature

Question 5

What is the personal representatives' duty regarding estate debts before distributing assets to beneficiaries?

Accepted Answer

They must pay all debts and liabilities in the correct statutory order before distribution

Answer

They may distribute to beneficiaries first if assets are sufficient

Answer

They only need to pay secured creditors

Answer

Debt payment is optional if all beneficiaries consent

Question 6

What is a 'deed of variation' in the context of estate administration?

Accepted Answer

A document signed by beneficiaries to redirect inherited assets, effective for IHT and CGT if made within 2 years of death

Answer

A deed revoking the original will

Answer

A court order varying the terms of a will

Answer

An agreement between personal representatives to change the administration order