SRA Wills and Succession 1 — Questions and Answers
Question 1: Under the Wills Act 1837 (as amended), what is the minimum age to make a valid will in England and Wales?
- 16
- 18 (Correct answer)
- 21
- 25
Correct answer: 18
The Wills Act 1837 requires a testator to be at least 18 years old to make a valid will, with a narrow exception for soldiers in actual military service and mariners at sea.
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?
- One independent witness
- Two witnesses present at the same time (Correct answer)
- Three witnesses, one of whom must be a solicitor
- Two witnesses who may sign at different times
Correct answer: Two witnesses present at the same time
Section 9 of the Wills Act 1837 requires the testator's signature to be witnessed by at least two persons present at the same time who each attest and sign the will.
Question 3: What is the legal effect of marriage on a will that was made before the marriage under English law?
- The will remains fully valid unless the testator intended otherwise
- The will is automatically revoked unless made in contemplation of that marriage (Correct answer)
- The will is suspended until the couple has children
- The will requires re-execution within one year of marriage
Correct answer: The will is automatically revoked unless made in contemplation of that marriage
Under s.18 Wills Act 1837, marriage automatically revokes any existing will unless the will expressly states it was made in contemplation of that specific marriage.
Question 4: The test for testamentary capacity was established in Banks v Goodfellow (1870). Which element is NOT part of that test?
- The testator must understand the nature of making a will and its effects
- The testator must understand the extent of the property being disposed of
- The testator must have obtained independent legal advice (Correct answer)
- The testator must not be suffering from a disorder of the mind affecting their decisions
Correct answer: The testator must have obtained independent legal advice
Banks v Goodfellow sets a four-part test focused on understanding and freedom from disorder; there is no requirement that the testator obtain independent legal advice, though it is good practice.
Question 5: What is a 'codicil' in the law of wills?
- A trust created within a will to hold assets for minor beneficiaries
- A supplementary document that amends an existing will without revoking it entirely (Correct answer)
- A court order granting probate of a contested will
- A statement by a witness confirming the testator's mental capacity
Correct answer: A supplementary document that amends an existing will without revoking it entirely
A codicil is a formal testamentary document that amends, modifies, or supplements an existing will and must comply with the same execution formalities as a will under the Wills Act 1837.
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?
- The entire estate absolutely
- Personal chattels, a statutory legacy, and one half of the residue (Correct answer)
- A life interest in the whole estate
- An equal share with each child
Correct answer: Personal chattels, a statutory legacy, and one half of the residue
On intestacy with a surviving spouse and children, the spouse receives personal chattels, the statutory legacy (currently £322,000), and one half of the residue; the children share the other half equally.
Question 7: What is the doctrine of 'ademption' in succession law?
- The rule that a gift lapses when the beneficiary predeceases the testator
- The failure of a specific legacy because the subject matter no longer forms part of the estate at the testator's death (Correct answer)
- The proportional reduction of all legacies when the estate cannot meet them in full
- The forfeiture of a legacy by a beneficiary who has killed the testator
Correct answer: The failure of a specific legacy because the subject matter no longer forms part of the estate at the testator's death
Ademption occurs when the specific item bequeathed no longer exists in the estate at the date of death, causing the gift to fail entirely; the beneficiary receives nothing in its place.
SRA Wills and Succession 1
Under the Wills Act 1837 (as amended), what is the minimum age to make a valid will in England and Wales?