SQE2 Wills & Probate Practice 3

Question 1

Letters of administration are required (instead of probate) when:

Accepted Answer

The deceased died intestate or left a will but appointed no executor willing and able to act

Answer

The estate includes real property

Answer

The estate is under the small estate threshold

Answer

A grant is not required in England & Wales

Question 2

The commorientes rule applies when:

Accepted Answer

Two people die in circumstances where it is uncertain who died first

Answer

Two beneficiaries dispute the same legacy

Answer

A testator and beneficiary die on the same day in different countries

Answer

A joint tenancy includes more than two people

Question 3

Which trust is most commonly used in estate planning to reduce IHT on life insurance proceeds?

Accepted Answer

A trust under which the policy is written in trust for named beneficiaries

Answer

Discretionary trust for the family home

Answer

A Charitable Remainder Trust

Answer

A bare trust for minors

Question 4

A solicitor who suspects a client lacked testamentary capacity when making a will should:

Accepted Answer

Apply the 'golden rule' and obtain a medical assessment before execution

Answer

Refuse to prepare the will

Answer

Prepare the will and take detailed notes of the interview only

Answer

Advise the client to use a will-writing service

Question 5

The residence nil-rate band (RNRB) for IHT purposes applies where:

Accepted Answer

A qualifying residential interest is passed to direct descendants (children or grandchildren)

Answer

Any property is left to any beneficiary

Answer

The estate is below £1 million

Answer

The property is placed in a trust for the surviving spouse

Question 6

A 'mutual will' arrangement between spouses is legally significant because:

Accepted Answer

Once the first party dies and the survivor benefits, equity imposes a constructive trust preventing revocation by the survivor

Answer

Both wills are identical in content

Answer

Both parties must die in the same year

Answer

The survivor automatically inherits everything regardless of the will's terms