SRA Wills and Succession

Question 1

Under the Wills Act 1837 (as amended), what is the minimum age to make a valid will in England and Wales?

Accepted Answer

18

Answer

16

Answer

21

Answer

25

Question 2

How many witnesses must be present and sign a will for it to be valid under section 9 of the Wills Act 1837?

Accepted Answer

Two witnesses present at the same time

Answer

One independent witness

Answer

Three witnesses, one of whom must be a solicitor

Answer

Two witnesses who may sign at different times

Question 3

What is the legal effect of marriage on a will that was made before the marriage under English law?

Accepted Answer

The will is automatically revoked unless made in contemplation of that marriage

Answer

The will remains fully valid unless the testator intended otherwise

Answer

The will is suspended until the couple has children

Answer

The will requires re-execution within one year of marriage

Question 4

The test for testamentary capacity was established in Banks v Goodfellow (1870). Which element is NOT part of that test?

Accepted Answer

The testator must have obtained independent legal advice

Answer

The testator must understand the nature of making a will and its effects

Answer

The testator must understand the extent of the property being disposed of

Answer

The testator must not be suffering from a disorder of the mind affecting their decisions

Question 5

What is a 'codicil' in the law of wills?

Accepted Answer

A supplementary document that amends an existing will without revoking it entirely

Answer

A trust created within a will to hold assets for minor beneficiaries

Answer

A court order granting probate of a contested will

Answer

A statement by a witness confirming the testator's mental capacity

Question 6

Under the intestacy rules in England and Wales (Administration of Estates Act 1925 as amended), what does a surviving spouse receive when the deceased also left children?

Accepted Answer

Personal chattels, a statutory legacy, and one half of the residue

Answer

The entire estate absolutely

Answer

A life interest in the whole estate

Answer

An equal share with each child

Question 7

What is the doctrine of 'ademption' in succession law?

Accepted Answer

The failure of a specific legacy because the subject matter no longer forms part of the estate at the testator's death

Answer

The rule that a gift lapses when the beneficiary predeceases the testator

Answer

The proportional reduction of all legacies when the estate cannot meet them in full

Answer

The forfeiture of a legacy by a beneficiary who has killed the testator