SQE Wills, Intestacy and Probate

Question 1

Under the Wills Act 1837, how many witnesses must sign a will for it to be validly executed?

Accepted Answer

2

Answer

Section 9 of the Wills Act 1837 requires that a will be signed by the testator in the presence of at least two witnesses who then sign in the testator's presence.

Question 2

What happens to a gift to a witness of a will under the Wills Act 1837?

Accepted Answer

The gift fails but the will remains valid

Answer

Under s.15 Wills Act 1837, a gift to a witness (or their spouse/civil partner) is void, but the remainder of the will stands.

Question 3

On an intestacy, who inherits under the Administration of Estates Act 1925 when a person dies leaving a spouse and adult children?

Accepted Answer

Spouse gets personal chattels, a statutory legacy of £322,000, and half the remainder; children share the other half

Answer

Under the current intestacy rules, a surviving spouse takes the personal chattels, a statutory legacy (£322,000 as of 2023), and half the residuary estate, with the children sharing the other half.

Question 4

What is the term for the document issued by the Probate Registry authorising an executor to administer a deceased person's estate?

Accepted Answer

Grant of Probate

Answer

A Grant of Probate is issued to the executor(s) named in a valid will, authorising them to collect assets, pay debts, and distribute the estate.

Question 5

Under the Inheritance (Provision for Family and Dependants) Act 1975, who can apply to the court for financial provision from a deceased's estate?

Accepted Answer

Spouse, former spouse, cohabitant, child, or dependant of the deceased

Answer

The 1975 Act gives a broad class — including spouses, former spouses, cohabitants of 2+ years, children, and dependants — the right to apply for reasonable financial provision.

SQE - Solicitors Qualifying Examination Practice Test

SQE - Solicitors Qualifying Examination Practice Test

SQE Wills, Intestacy and Probate