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

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.

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

A codicil is a formal supplementary document that amends specific provisions of an existing will while leaving the rest of the will intact.

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

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.

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

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.

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

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.

SQE - Solicitors Qualifying Examination Practice Test

SQE - Solicitors Qualifying Examination Practice Test

SQE Wills, Intestacy and Probate 3