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WAE FLK NEW EXAM QUESTIONS AND ACCURATE ANSWERS 100% VERIFIED
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WAE FLK NEW EXAM QUESTIONS AND ACCURATE ANSWERS100% VERIFIED
What does 'testate' mean? + what happens - ANSWER When deceased's will covers their
entire succession estate. Only the will is relevant when determining how to distribute
their estate.
What does 'partially intestate' mean? + what happens - ANSWER When the deceased's
will does not cover their entire estate. The will is followed but intestacy rules apply to
remaining property.
Main types of property which will not pass to the succession estate - ANSWER
Donationes mortis causa, discretionary pension scheme benefits, insurance policies
written in trust, statutory nominations, property held as beneficial joint tenants, some
other beneficial interests under trusts
3 requirements for valid DMC - ANSWER The gift is made because the donor believes
they may die imminently of a particular cause.
The donor makes it clear that the gift is conditional upon them dying, and that the
property reverts to them if they survive.
The donor either parts with the property or something representing ownership of it.
When does an insurance policy form part of the succession estate? - ANSWER If
deceased had a simple life insurance policy = part of succession estate.
If benefit of policy written in trust = NOT part of succession estate
If intestate leaves spouse but no issue? - ANSWER Spouse inherits entire succession
estate absolutely
If intestate leaves issue but no spouse? - ANSWER Issue inherits entire succession
estate on the statutory trusts
,How long must spouse survive deceased in order to be entitled to succession estate? -
ANSWER 28 days
Entitlements for spouse if intestate leaves issue & spouse? - ANSWER Personal chattels
absolutely, statutory legacy of £270k free of tax and costs plus interest from date of
death to date on which payment is made, one half of the residue (if any) absolutely
Entitlement for issue if intestate leaves issue & spouse? - ANSWER Other half of the
residue (if any) on the statutory trusts
If issue do not survive the deceased? - ANSWER Their own issue may still inherit their
entitlement under the 'substitution limb' of the statutory trusts
What is contingency limb of statutory trusts? - ANSWER Each entitled beneficiary must
survive intestate and reach age of 18 or marry earlier in order to inherit. If not satisfied:
beneficiary has contingent interest.
If beneficiary already 18 or over then inherit absolutely and immediately = beneficiary
has vested interest
What is substitution limb of statutory trusts? - ANSWER If entitled beneficiary dies
before intestate, beneficiary's own issue can inherit in their place, provided they satisfy
contingency limb.
s46 AEA order of entitlement to succession estate - if intestate not survived by a spouse
or issue? - ANSWER 1. parents 2. siblings of whole blood (share both parents) on
statutory trusts 3. siblings of half blood on statutory trusts 4. grandparents 5. uncles
and aunts of whole blood 6. uncles and aunts of half blood 7. the crown as bona vacantia
What is excluded from personal chattels? - ANSWER Money or securities for money,
property used by the intestate at their death solely or mainly for business purposes,
property held at the death of the intestate solely as an investment
,Spouses option to appropriate marital home if held as TIC? - ANSWER Can appropriate
home in full or partial satisfaction of statutory entitlements, i.e. 'buy' deceased's share
of the property from personal representatives using money would have received from
the estate
When & how must surviving spouse make election to appropriate marital home? -
ANSWER Make election in writing to personal representatives within 12 months of the
date of the grant.
What date is used for valuation of marital home re spouse appropriating? - ANSWER
Home is valued as date of appropriation not date of death
What are restrictions on right to appropriate marital home? - ANSWER Consent of court
required where home is only part of a building owned by the deceased or where home is
part of farm or other business premises
True or false: If a person dies after expressing an intention to make a gift but before
delivering the asset to the donee, equity will perfect the imperfect gift as long as the
donor did not change their mind before they died. - ANSWER False: It is not sufficient
that the donor's intention remained unchanged before their death. The gift must either
be conditional upon death and satisfy the requirements of a donatio mortis causa, or it
must be intended to be immediate and satisfy the requirements of Strong v Bird.
4 legal requirements for a valid will? - ANSWER 1. Testator is over 18, 2. Has
testamentary capacity, 3. Has knowledge & approval, 4. Has satisfied formal
requirements under Wills Act
Banks v Goodfellow test for testamentary capacity - ANSWER Testator must understand
the nature of the act and its effects, appreciate the extent of the property which they are
disposing, understand & appreciate the moral claims to which they ought to give effect
& have no disorder of the mind that perverts their sense of right
Timing requirements for testamentary capacity? - ANSWER Testator must have
testamentary capacity at the time the will is executed or at the time they gave
instructions for the preparation of the will (if it was prepared in accordance with those
, instructions)
Kenward v Adams 'Golden rule' - ANSWER When taking instructions for a will from a
client who is elderly or seriously ill, a medical practitioner should be instructed to make
an assessment of testator's capacity
Who holds burden of proof of capacity? - ANSWER Person seeking to admit the will to
probate (usually executor) but capacity is presumed if will on the fact of it appear
rational & has been duly executed
Can a will be made for someone who lacks capacity? - ANSWER Under statute a court
can authorise the execution of a will on behalf of an adult who lacks capacity to make
one for themselves, but court must be satisfied there are grounds to diverge from
existing testamentary position and it is in persons' best interests
Does a discretionary trust not yet exercised go towards succession estate in intestacy?
- ANSWER No as no absolute right to benefit
How to get Land Registry Official Copies to be in sole name after joint tenant dies? -
ANSWER Death certificate to Land Registry and forms
How to get joint bank account to be in sole name after other party dies? - ANSWER
Death certificate to the bank
What is excluded from definition of personal chattels for the distribution under intestacy
rules? - ANSWER Business assets, investments & cash
What is statutory order of entitlement? - ANSWER Parents, siblings, half-siblings,
grandparents, uncles & aunts, half-uncles & aunts, the Crown
What general intention must a testator have to make a valid will? - ANSWER A general
intention to make a testamentary document which disposes of their property and should
take effect following their death
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