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

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?

Accepted Answer

Two witnesses present at the same time

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The testator must have obtained independent legal advice

Answer

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?

Accepted Answer

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

Answer

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.

SRA - Solicitors Regulation Authority Practice Test

SRA - Solicitors Regulation Authority Practice Test

SRA Wills and Succession