SQE1 Wills, Criminal Law & Dispute Resolution

Question 1

Under the Wills Act 1837, what formalities are required for a valid will in England and Wales?

Accepted Answer

The will must be in writing, signed by the testator (or by another in their presence and by their direction), with the testator's signature made or acknowledged in the presence of two witnesses present at the same time, who then sign the will

Answer

The will must be typed and signed by the testator only

Answer

The will must be registered at the Probate Registry to be valid

Answer

A solicitor must witness every will for it to be valid

Question 2

What is 'testamentary capacity' and which case established the legal test for it?

Accepted Answer

The legal and mental capacity to make a valid will; the test was established in Banks v Goodfellow (1870)

Answer

The physical ability to write a will; established in Banks v Goodfellow (1870)

Answer

A formal assessment by a psychiatrist; required for all testators over 70

Answer

The requirement that the testator be over 18; established in the Wills Act 1837

Question 3

Under the Inheritance (Provision for Family and Dependants) Act 1975, who can make a claim against a deceased's estate?

Accepted Answer

A specified class including the deceased's spouse, civil partner, former spouse (not remarried), children, treated-as-a-child persons, and dependants

Answer

Only the deceased's children

Answer

Any creditor of the deceased

Answer

Only the deceased's parents if they were dependants

Question 4

What is the mens rea (mental element) of murder under English criminal law?

Accepted Answer

An intention to kill or an intention to cause grievous bodily harm

Answer

Recklessness as to death or grievous bodily harm

Answer

Gross negligence

Answer

Knowledge that death would probably result

Question 5

What is the defence of 'loss of control' under the Coroners and Justice Act 2009 and how does it differ from the old provocation defence?

Accepted Answer

It requires a qualifying trigger (sexual infidelity alone is excluded), a loss of control (not necessarily sudden), and that a person of the defendant's age and sex with normal tolerance would have reacted similarly

Answer

It is identical to the old provocation defence with no substantive changes

Answer

It applies only to domestic violence situations

Answer

It is available only to defendants with a diagnosed mental illness

Question 6

In civil litigation, what is the purpose of a 'Part 36 offer' under the Civil Procedure Rules?

Accepted Answer

An offer by either party to settle that carries costs consequences if rejected and not beaten at trial

Answer

An application for summary judgment without a full trial

Answer

An offer to mediate made before proceedings are issued

Answer

A formal notice of discontinuance of proceedings