SRA Wills and Succession 2

Question 1

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to court for reasonable financial provision from an estate.
Which of the following is NOT a qualifying applicant?

Accepted Answer

A creditor owed money by the deceased

Answer

A spouse or civil partner of the deceased

Answer

A child of the deceased

Answer

A person maintained by the deceased immediately before death

Question 2

Under the intestacy rules, a surviving spouse must survive the deceased by at least how many days to inherit under the statutory intestacy provisions?

Accepted Answer

28 days

Answer

7 days

Answer

14 days

Answer

56 days

Question 3

What is a 'specific legacy' in the law of wills?

Accepted Answer

A gift of a particular, identified item of property forming part of the testator's estate

Answer

A gift of a fixed sum of money charged on the estate generally

Answer

A gift of the residue of the estate after all other gifts are satisfied

Answer

A conditional gift that only takes effect upon a specified event

Question 4

What does the 'armchair rule' of will construction permit a court to do?

Accepted Answer

Consider the surrounding circumstances known to the testator at the time the will was made in order to resolve ambiguities

Answer

Rewrite an ambiguous will to reflect what the court considers the fairest outcome

Answer

Allow oral evidence from witnesses to override the written terms of a will

Answer

Apply a standard form interpretation to wills drafted without legal assistance

Question 5

Under section 15 of the Wills Act 1837, what is the consequence of a will being witnessed by a person who is also a named beneficiary?

Accepted Answer

The gift to the witnessing beneficiary (or their spouse/civil partner) is void, but the will itself remains valid

Answer

The entire will is rendered invalid

Answer

The witness must disclaim the gift in a signed written statement

Answer

The gift is reduced to half its value but does not fail entirely

Question 6

What is 'abatement' in the context of estate administration?

Accepted Answer

The proportional reduction of legacies when the estate is insufficient to satisfy all gifts and debts in full

Answer

The revocation of a grant of probate by the Probate Registry

Answer

The forfeiture of a gift by a beneficiary who has acted fraudulently

Answer

The lapse of a gift because the beneficiary predeceased the testator

Question 7

Under which exceptional circumstances may a person under 18 make a valid will in England and Wales?

Accepted Answer

When the minor is in actual military service or is a mariner at sea

Answer

When a court grants a specific order permitting the minor to make a will

Answer

When the minor is married and has the written consent of their spouse

Answer

When the minor holds property valued above a threshold set by the Probate Registry