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

Creditors are not qualifying applicants under the 1975 Act; they have separate remedies to claim against the estate for debts owed to them.

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

Under the Administration of Estates Act 1925 (as amended by the Law Reform (Succession) Act 1995), a surviving spouse must survive the deceased by at least 28 days to benefit under the intestacy rules.

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 specific legacy is a gift of a particular, identifiable item belonging to the testator, such as 'my diamond engagement ring' or 'my shares in ABC Ltd'; it is subject to the doctrine of ademption.

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

The armchair rule allows the court to 'sit in the armchair of the testator' and consider facts and circumstances known to the testator when the will was executed in order to interpret ambiguous language.

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

Section 15 of the Wills Act 1837 renders void any gift to a witness or their spouse/civil partner, but the will itself remains valid and the attestation by that witness still counts.

SRA - Solicitors Regulation Authority Practice Test

SRA - Solicitors Regulation Authority Practice Test

SRA Wills and Succession 2