SQE2 Wills & Probate Practice 1

Question 1

For a will to be valid under the Wills Act 1837, it must be:

Accepted Answer

In writing, signed by the testator and witnessed by two independent witnesses who attest the signature

Answer

Typed and witnessed by a solicitor

Answer

Notarised and registered at the Probate Registry

Answer

Witnessed by two witnesses simultaneously by video

Question 2

A beneficiary who also witnesses a will is affected in that:

Accepted Answer

The gift to that beneficiary lapses but the will remains valid

Answer

The will is invalidated entirely

Answer

The beneficiary may keep half the gift

Answer

The witness must re-execute the will

Question 3

On intestacy in England & Wales, if a person dies leaving a spouse and two adult children, under the Administration of Estates Act 1925 (as amended by SI 2023):

Accepted Answer

The spouse takes personal chattels, a statutory legacy (£322,000) and half the residue; the children share the other half equally

Answer

The spouse takes the entire estate

Answer

The children take the entire estate

Answer

The estate is split equally three ways

Question 4

Testamentary capacity under the Banks v Goodfellow test requires the testator to:

Accepted Answer

Understand the nature of a will, the extent of their property, the claims of potential beneficiaries and be free of insane delusion affecting the will

Answer

Have capacity under the Mental Capacity Act 2005 alone

Answer

Have been examined by a psychiatrist before execution

Answer

Be over 18 and not subject to a Lasting Power of Attorney

Question 5

A grant of probate is required to:

Accepted Answer

Administer an estate and transfer assets held in the deceased's sole name

Answer

Transfer a property held as joint tenants on death

Answer

Close a joint bank account on death

Answer

Make a lifetime gift before death

Question 6

Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be brought within:

Accepted Answer

6 months of the grant of probate or letters of administration

Answer

12 months of the date of death

Answer

3 years of the date of death

Answer

28 days of the grant