SQE1 - Solicitors Qualifying Examination Part 1 Wills and Estate Administration Questions and Answers

Question 1

A testator signs her will in her kitchen.
A neighbour, who is a beneficiary, is present and signs as the first witness.
The testator then takes the will to an adjacent room where another neighbour signs as the second witness.
The first witness is not present when the second witness signs.
What is the legal effect of this situation on the will?

Accepted Answer

The will is invalid as it was not signed or acknowledged in the presence of two witnesses present at the same time.

Answer

The will is valid, but the gift to the first witness fails.

Answer

The will is invalid because a beneficiary cannot be a witness.

Answer

The will is valid, and the gift to the first witness is unaffected.

Question 2

A man dies intestate in England, leaving an estate valued at £900,000. He is survived by his wife and his mother. He has no children. According to the intestacy rules, how will his estate be distributed?

Accepted Answer

The wife receives the entire estate.

Answer

The wife receives all personal chattels, a statutory legacy of £322,000, and half of the remaining balance; the mother receives the other half.

Answer

The wife and the mother will share the entire estate equally.

Answer

The wife receives the first £500,000 and the mother receives the remainder.

Question 3

A widow dies leaving an estate worth £950,000. Her main residence within the estate is valued at £400,000. In her will, she leaves her entire estate to her adult son. Her husband died three years earlier, leaving his entire estate to her and having made no lifetime gifts. What is the total available Nil Rate Band (including any transferable and residence allowances) that can be set against her estate for Inheritance Tax purposes?

Accepted Answer

£1,000,000

Answer

£500,000

Answer

£650,000

Answer

£325,000

Question 4

A woman dies, leaving a valid will that leaves her entire estate to charity. Her partner of 15 years, with whom she lived and who was financially dependent on her, is left with nothing. What is the partner's most likely course of action?

Accepted Answer

Make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Answer

Challenge the will's validity on the grounds of undue influence by the charity.

Answer

Apply for a share of the estate under the rules of intestacy.

Answer

He has no claim as he was not married to the deceased.

Question 5

Which of the following is a key requirement for a Deed of Variation to be effective for 'reading back' to the date of death for Inheritance Tax (IHT) and Capital Gains Tax (CGT) purposes?

Accepted Answer

It must be made in writing within two years of the date of death and contain a statement of intent for the relevant taxes.

Answer

It must be approved by the High Court before being executed.

Answer

It must be signed by all executors and every beneficiary named in the original will.

Answer

It must be made within six months of the Grant of Probate being issued.

Question 6

Which of the following statements accurately describes the primary duty of Personal Representatives (PRs) when administering an estate in the UK?

Accepted Answer

To collect the deceased's assets, pay all debts and liabilities, and distribute the net estate according to the will or intestacy rules.

Answer

To follow the verbal instructions of the main beneficiaries to ensure family harmony.

Answer

To invest the estate assets in high-growth funds to maximise the value for the beneficiaries.

Answer

To prioritise the payment of legacies to beneficiaries before settling any of the deceased's outstanding debts.