SQE2 Wills & Probate Practice

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

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:

Accepted Answer

The gift to that beneficiary lapses but the will remains valid

Answer

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):

Accepted Answer

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

Answer

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:

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

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:

Accepted Answer

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

Answer

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.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Wills & Probate Practice