SQE2 Wills & Probate Practice 1 — Questions and Answers
Question 1: For a will to be valid under the Wills Act 1837, it must be:
- Typed and witnessed by a solicitor
- In writing, signed by the testator and witnessed by two independent witnesses who attest the signature (Correct answer)
- Notarised and registered at the Probate Registry
- Witnessed by two witnesses simultaneously by video
Correct answer: In writing, signed by the testator and witnessed by two independent witnesses who attest the signature
Section 9 Wills Act 1837 (as amended) requires a will to be in writing, signed by the testator (or someone at their direction), and the signature to be made or acknowledged in the presence of two witnesses who each attest.
Question 2: A beneficiary who also witnesses a will is affected in that:
- The will is invalidated entirely
- The gift to that beneficiary lapses but the will remains valid (Correct answer)
- The beneficiary may keep half the gift
- The witness must re-execute the will
Correct answer: The gift to that beneficiary lapses but the will remains valid
Under s.15 Wills Act 1837, a gift to a witness (or their spouse/civil partner) is void, but the will itself remains valid for all other purposes.
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):
- The spouse takes the entire estate
- The spouse takes personal chattels, a statutory legacy (£322,000) and half the residue; the children share the other half equally (Correct answer)
- The children take the entire estate
- The estate is split equally three ways
Correct answer: The spouse takes personal chattels, a statutory legacy (£322,000) and half the residue; the children share the other half equally
Under the current intestacy rules, a surviving spouse receives personal chattels, the statutory legacy (currently £322,000) and one half of the residue; the deceased's issue share the remaining half.
Question 4: Testamentary capacity under the Banks v Goodfellow test requires the testator to:
- Have capacity under the Mental Capacity Act 2005 alone
- 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 (Correct answer)
- Have been examined by a psychiatrist before execution
- Be over 18 and not subject to a Lasting Power of Attorney
Correct 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
Banks v Goodfellow (1870) established the four-limb test: understanding the nature and effect of a will, the extent of the property being disposed of, the claims of those who might expect to benefit and not suffering from a disorder of the mind.
Question 5: A grant of probate is required to:
- Transfer a property held as joint tenants on death
- Administer an estate and transfer assets held in the deceased's sole name (Correct answer)
- Close a joint bank account on death
- Make a lifetime gift before death
Correct answer: Administer an estate and transfer assets held in the deceased's sole name
Probate is the legal process confirming the executor's authority; it is needed to deal with assets held in the deceased's sole name including land, investments and bank accounts above certain thresholds.
Question 6: Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must be brought within:
- 12 months of the date of death
- 6 months of the grant of probate or letters of administration (Correct answer)
- 3 years of the date of death
- 28 days of the grant
Correct answer: 6 months of the grant of probate or letters of administration
Claims under the I(PFD)A 1975 must be issued within 6 months of the date of the grant of probate (or letters of administration), though the court has discretion to extend.
