FLK 2 Mock Questions Flashcards
If the item is only slightly attached and can be easily removed without damage, what is it likely to be?
Chattel.
For example, a light fitting held by three small screws, indicates a slight degree of attachment. Therefore, it is likely to be classified as a chattel and can be removed before completion.
For unlawful act manslaughter what is the focus of the test?
What relevance does recklessness as to harm have?
UAM is concerned with D committing an **unlawful and dangerous act **
The focus for unlawful act manslaughter is whether the act was objectively dangerous (i.e., whether a reasonable person would recognize the act as posing a risk of harm to someone). The defendant’s subjective awareness of the risk to others is irrelevant.
Unlawful act manslaughter does not require recklessness as to harming anyone.
If a trust contains a condition precedent that is not met, and therefore the remainder interest did not vest in what happpens to the property?
The trust property reverts to the settlor under the resulting trust doctrine.
If you are dealing with registered land, would you enter a land charge?
For example, C(IV) or D(ii)?
No
Land charges apply only to unregistered land and are not appropriate if the property is registered.
To protect an interest (e.g. option agreement) for a registered property, the correct method is to register a notice on the property’s title.
For aggravated criminal damage, does D need to be reckless as to whether a life would be endangered by the specific object (e.g. the brick they throw) or is it sufficient they are endangered by the direct cause of the injury (e.g. glass shattering)?
Reckless as to the the actual danger to life
- If the harm results from secondary effects (e.g., flying glass, structural damage), look for answers emphasizing those effects.
- If the harm results from the object itself, choose answers focusing on the object.
If an invoice is addressed to the firm, what type fo expense is it and what method is used?
Principal Method
Treat the invoive as a firm expense and use firm money.
If an invoice is addressed to the client, what type of expense is it and what method is used?
Agency Method
Use client money if sufficient money in the client account
If a youth is aged 12 - 14 (inclusive) can they be given a DTO if not a PYO?
No
If between 12 - 14, a DTO can be imposed only if the court finds that the offender is persistent offender
If a notice of severance is sent by post in a registered letter (recorded delivery) or left at the address (personal service) is this sufficient to effect severance even if the individual does not read it?
Yes
Per s.196 it is deemed served without the recipient’s knowledge or actual receipt of the notice
Note, this does not apply to notice served by unregistered/unrecorded delivery.
If a truste deed is silent as to a trustee receiving director fees due to a director position arising from the trust, can the trustee recover such fees?
No
Whilst directors fees are permissible if permitted by the trust deed, if the trust deed is silent on the issue of whether the trustee can keep the director’s fees, and as the trustee has no specific authority in the trust deed to do so, the trustee cannot keep the fees for serving as a director of the company.
However, they can reclaim reasonable expenses incurred.
What is the test for self defence?
- Did D honestly believe the use of force is necessary to defend?
- Was the degree if force reasonable in the circumstances as D believed them to be?
In relation to self defence, how is the ‘degree of force’ measured in relation to reasonableness?
Was the force reasonable in the circumstances as D believed them to be?
Under s.31 TA at what age does the beneficiary gain an entitlement to trust income?
Aged 18
This allows them to recieve distributions directly.
This does not affect any contingent interests in capital (e.g. trust deed states when they turn 25)
What are the limitation periods for pursing
(a) Arrears of Rent
(b) Unpaid Service Charges
(a) Arrears of Rent - 6 Years
(b) Unpaid Service Charges - 12 Years if due under a lease executed by deed.
What type of obligation is a ‘fencing obligation’
For example ‘not to allow the fence to fall into disrepair’
Positive Covenant that does not bind successors in title
If there is a commercial tenancy where there is an absolute covenant against assignment, when can the landlord request a AGA?
The landlord can always insist on an AGA with the outgoing tenant
If there is a commercial tenancy where there is a qualified covenant against assignment, when can the landlord request a AGA?
The landlord can INSIST if there is an express provision in the lease requiring an AGA.
If no such provision exists, the landlord can require an AGA where it is reasonable in all the circumstances
How to value listed stocks or shares?
- Take the difference between the highest and lowest price on that day (e.g. £50 & £54 = £4)
- Figure out 25% of the difference: £25 % of 4 = £1)
- Add the quarter to price of the lowest (£50 + £1 = £51)
Thats the price of one share/
When will a fully secret trust be enforceable?
- It is the intention of settlor to establish a secret trust
- The intention was communicated before death
- The trustee accepts the obligation
This circumvents the strict requirments of the Wills Act
If an administration involved a minor beneficiary, or a life interest arises, how many people are required to be appointed as adminsitrators?
At least two persons or a trust corporation unless it appears to the court to be expedient to appoint a sole administrator
For recklesness, is the standard objective or subjective?
Courts look at the accused’s personal state of mind (subjective) and understanding of the risk
When a beneficiary with a contingent interest turns 18 (even if it doesnt vest) what impact does this have per s.31 on income?
The beneficiay becomes entitle to the entire income produced b their equitable interest. They MUST keep paying the income until their interest vests.
Note, the duty to pay income when they attain 18 can be excluded by contrary intention in the trust document
Who can appela by way of case stated and what is it reserved to?
Prosecution and Defence
Only points of law or jurisdiction.
Challenges concerning fact, procedure and evidence are not permitted.
Can a testator direct signatures on a video call?
No
It is not enough to arrange a video call with witnesses.
There must be physical presence
When must SDLT be paid>
Within 14 days of completion date or actual occupation, whichever is first.
What must trustees provide beneficiaries information wise?
Trustees are required to provide accounts upon request
However, they do not need to provide confidential information, or informaion about how they have managed the trust.
Beneficiaires do not have a proprietary right to seek disclosure. It lays with the courts inherent jurisdiction.
What does handing over keys to a car signify in relation to gifts?
Whilst legal transfer is better, this suggests a valid gift.
It is not a requirment of trust law that the transfer is registered. There is a transfer of chattel by way of delivery of the keys and car.
How should receipt of moeny be recorded when a solicitor receives a deposit to be held as an agent?
They should record it as a credit in the client ledger for the seller client, to reflect the increase in the client funds held for the seller, and a corresponding debit in the cash sheet client account to reflect the actual receipt of funds.
Is a will valid if the tetsator does not sign or acknowledge signature in the presence of both witnesses at the same time?
No it is invalid.
The testator must sign the will in the presence of two witnesses present at the same time, or acknowledge his signature in their presence.
Whether signing or acknowledging, they both need to be there togethr. Don’t get confused with this and the fact the witnesses can sign at different times
Against whom does a s.27 notice protect from?
Claims by unknown beneficiaries or creditors
Can an executor appropriate for a beneficiary an asset that has increased more than their entitltment at the date of appropriation?
For example, A is entitlted to £8,000 but the car they have requested to appropriate is worth £12,000?
Yes
However, the beneficiary must consent to this and will need to account for the excess value. This means they must pay the estate back the amount by which the asset’s value exceeds their share
What is the custodial threshold?
Section 230 Sentencing Act 2020 requires that a custodial sentence must not be passed unless the court is satisfied that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence
If an insured risk specified in the lease covers the building itself, does this extend to property losses within the tenant’s part of the building?
No
The insured risks specified in the lease usually cover the building itself and do not extend to the tenant’s personal property within the leased premises.
The tenant would need their own content insurance to cover personal property losses such as stock and shelving.
Why won’t a right of way over unregistered land bind a buyer?
It is an an equitable easement (created post 1926) granted over unregistered land that has not been protected by a Land Charge.
When will good leasehold title be granted on registration of a lease?
When HM Land Registry is satisfied as to the tenant’s title to the lease, but has not approved the landlord’s title to grant the lease.
What statute imposes the requirement that a that a contract for the sale of land must comply with certain statutory formalities?
Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
Be in writing, be signed by or on behalf of both parties and incorporate all the terms
What is a caution against first registration?
It is entered by a person having an appropriate interest in unregistered land to ensure they are notified of any application for first registration.
They can then either oppose the application or take steps to seek to ensure their interest is entered in the register on completion of the application .
When is CPSE 2 used?
Property is sold subject to existing tenancies.
When is CPSE 4 used?
Used for
- Transactions involving new-build properties, addressing development-specific issues; or
- Buildings with vacant possession
What plant is mentioned as part of TA6?
Japanese Knotweed
TA6 Property Information Form specifically includes a section where the seller is asked to disclose the presence of Japanese knotweed at the property.
What action should the buyer’s solicitor take in respect of a restriction in the proprietorship register in favour of a now dissolved company?
Apply to cancel the restriction on the basis that the company named in it no longer exists and the transfer to the buyer can then be registered.
How can a spouse protect their right of occupation?
By entry of a home rights notice in the register.
What is the effect of the mortgage being an ‘all monies’ mortgage?
The mortgage secures only the specific loan to buy the house
However, if the borrower defaults this will entitle the lender to call in any of the borrower’s other loans with that lender whether or not these are secured loans.
Simply, it will entitle the lender to call in all monies owed to it by the borrower.
How will the priority of a second registered charged be established?
In the absence of any entry to the contrary in the register, registered charges are deemed to rank in the order they are shown in the register of title
What form is used to submit SDLT to HMRC?
LTR (SDLT1)
This enables HMRC to issue an SDLT5 certificate which must accompany the application for registration of the purchase at HM Land Registry.
In the absence of an additional special condition, what method of paying the balance must the solicitor use under the SCS?
Direct electronic transfer from the buyer’s solicitor’s bank account.
What type of ‘debt’ does CRSR apply to?
CRAR only applies to ‘principal rent’
It does not apply to service charges, insurance or rates payable under the terms of the lease.
If A is buying the lease of a unit in a retail part, what purchase deed is used and why?
TR1 because although the unit forms part of the registered freehold title to the retail park as a whole, it is the registered title to the lease which is being purchased by the company.
Simply, this is a transaction of the ‘whole’ not ‘part - in an MCQ, question if the transaction is of the ‘reistered lease’ and that there are distict ‘titles’
What undertaking is given by whom in relation to the morgage?
What effect does it have on the seller’s solicitor?
An undertaking that the seller’s solicitor will discharge the mortgage on
Such an undertaking guarantees this, as it is binding upon the seller’s solicitor and must be complied with even if there are insufficient sale proceeds to cover the amount needed to redeem the mortgage loan.
When redeeming a capital repayment morgage, what is the ‘daily rate’ on the redemption statement?
The saily amount which must be added to the stated redemption figure for each day that redemption is delayed.
Does a will written by a member of the military on active service need to comply with formalities?
No
Execution can be valid even if the formalities otherwise required have not been followed.
The registrar may accept such a will to probate if it is signed or is in the testator’s handwriting in these circumstances.
When does the ‘military will’ exception apply?
Actual MilitarysService
- Engagement in Combat – Actively participating in a war-like campaign or military operation.
- Deployment in an Active Theatre of
- Operations – Being stationed in a conflict zone, such as at sea (for naval personnel) or in other areas of active military operations.
- Preparedness for Deployment – Being in uniform, on duty, and in a state of readiness where the individual could be sent on military operations without notice.
- Prisoner of War – Being captured and held as part of the military service during a conflict.
It will not apply for ‘servicemen’ at home, in the course of day to day life with family members etc where there is no ‘actual military service’ in this ‘readiness’ sense.
What effect does judicial seperation have on intestacy rules?
Although a judicial separation does not end a marriage in the way that a divorce would do, a judicially separated spouse is not regarded as a spouse for the purpose of the intestacy rules and would not have any entitlement to a share in the estate.
It may be possible for the wife to claim against the estate if she was being maintained by the deceased.
For APR, can an owner who lets out the farm as a ‘let-to-farm’ tenancy apply APR ?
As the deceased does not farm the land themselves, but it is farmed by tenants, the required period of agricultural use is seven years rather than two.
Agricultural property relief is not available if the land, as a ‘farm’to’let’ has not been held for the qualifying period of seven years.
If lifetime tax paid on a gift is greater than the tax due when it is reassessed at death, what happens?
No refund of tax is available in this situation and it is not possible to use an excess credit against the wider estate.
The credit for tax paid at the time of the original transfer may only be used to reduce the tax on death to nil.
Is a grant needed for a small estate?
What is the threshold?
For simple estates below £5,000, a grant of representation is not normally required, whether there is a will or not.
If an estate does not have sufficient funds to pay all the legacies in full, how are they paid?
Each of them should be reduced proportionately.
