FLK 2 Part 3

Question 1

A solicitor is acting for a woman who has been charged with causing death by dangerous driving. During a consultation with the solicitor, the woman admits that her brother was driving her car when the accident happened and that she lied to police and took the blame for him. Although the solicitor begs the woman to change her mind and tell the police, the woman refuses. The charges against the woman are eventually dropped. The solicitor now wants to contact the police with the information that the brother was driving the car.

Which of the following statements best describes what the solicitor should do with the information?
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Answer 1

She should do nothing because of her duty of confidentiality to the woman.(C) A solicitor must keep affairs of clients confidential unless the client consents or unless disclosure is required or permitted by law. (A) is incorrect because there is no exception that would allow disclosure in this circumstance. Although a solicitor may disclose confidential information to prevent commission of a criminal offence, revealing past crimes is generally not permitted. (B) is incorrect because even though the information concerns the brother’s role in the accident, disclosing the information would still be a breach of the solicitor’s duty of confidentiality to the woman. (D) is incorrect because having the secretary transmit the information would still constitute a breach by the solicitor. Additionally, a firm is responsible for breaches of confidentiality by any individual within the firm. (E) is incorrect because the duty of confidentiality continues despite the end of the retainer and even after the client’s death.QUESTION ID: ETH067

Question 2

After a competitor pushed an opponent while playing hockey, the opponent became angry and hit the competitor with his stick, drawing a penalty. The opponent was not ejected because the penalty was not far outside the bounds of normal play. The competitor had to be taken to the hospital for stitches. Wanting to make an example of an athlete who plays sports too aggressively, local authorities charged the opponent with inflicting grievous bodily harm under Offences Against the Person Act 1861 section 20.

Which of the following is the opponent’s best defence?

Answer 2

Consent.(E) The competitor’s best defence is consent. Consent can be used as a defence against a charge of inflicting grievous bodily harm. In contact sports such as rugby and hockey, consent will be implied so long as the actions are not greatly outside the rules of the game. Since the competitor here was not ejected, we can assume his actions were within the bounds of consent. (A) is incorrect. Under the defence of self-defence, a person may use force only if he believes force was immediately required to protect himself or others and the amount of force used was reasonable under the circumstances as the person believed them to be. Here, there are no facts indicating the opponent feared that the competitor would continue pushing him or that hitting the competitor with a hockey stick was reasonable force under the circumstances (indeed, since it was a penalty, we can probably assume it was unreasonable force). (B) is incorrect because diminished responsibility is relevant only to a murder charge. It justifies lowering a murder charge to manslaughter when an abnormality of mental functioning arises from a medical condition that substantially impairs the defendant’s ability to form a rational judgment, exercise self-control, or understand the nature of their conduct. (C) is incorrect because it, too, is relevant only to murder. Loss of self-control due to a qualifying trigger can lower a murder to a manslaughter. (D) is incorrect because infliction of grievous bodily harm under section 20 does not require intent; recklessness is enough. Additionally, lack of mens rea technically is not a defence but rather is proof of that no offence was committed.QUESTION ID: CRL048

Question 3

A woman died on 17 May 2023. At the date of her death, she owned the following assets:

• A house worth £390,000
• Chattels and cash with a value of £70,000
• Shares held in an individual savings account (ISA) worth £60,000

At the date of her death, the woman owed income tax of £25,000 in respect of the tax year 2022/23.

The woman left £100,000 of her estate to a registered charity and left the remainder of her estate to her daughter.

What is the woman’s chargeable estate for inheritance tax purposes?

Answer 3

£395,000(B) To calculate the chargeable estate, we add up all the assets the woman owned at death that are not exempt and subtract out her liabilities and gifts made to charities. None of the woman’s assets are exempt, so her gross estate is £520,000 (£390,000 house + £70,000 chattels and cash + £60,000 ISA). From that, we subtract the income tax owed (£520,000 - £25,000 = £495,000) and the gift to the charity (£495,000 - £100,000 = £395,000).QUESTION ID: TAX061

Question 4

A man and his friend are arguing. As the argument intensifies, the man and the friend each start pushing each other. The friend falls over and hits his head, cracking his skull. The man did not intend for his friend to fall over or crack his skull. The friend is taken to hospital. In the ambulance, the friend dies of a heart attack completely unrelated to the fall.

Which of the following is the most appropriate charge that the prosecution could bring against the man?

Answer 4

Grievous bodily harm under section 20.(E) Section 20 grievous bodily harm is the most appropriate charge. It applies when the defendant causes a wound or serious bodily harm, intending to cause or being reckless about causing some harm. Here, the pushing was unlawful as it caused the friend to crack his skull. (D) is incorrect because section 18 requires causing harm with intent, and the facts make it clear the man did not intend to cause the injury. (A), (B), and (C) are incorrect because the question makes it clear that the man did not cause the death of his friend, so the man cannot be guilty of any offence that links his actions to his friend’s death; the requisite factual causation of death is missing.QUESTION ID: CRL002

Question 5

A husband discovers his wife is having an affair. He is so furious he cannot contain himself and decides to kill her. The husband gets the shotgun and ammunition he keeps in the shed. He drinks a bottle of whiskey to get up the courage to go ahead with it. He lies in wait for his wife at their marital home. After two hours, the wife returns home. The husband shoots her once in the back. The wife sustains serious injury but eventually recovers. The husband is charged with attempted murder. The husband is subsequently diagnosed with severe depression.

What defence, if any, is available to the husband?

Answer 5

None of the above.(E) None of these defences is available to the husband. Loss of control and diminished responsibility are both partial defences to murder, reducing the conviction to voluntary manslaughter. They are not available to attempted murder, and so (A) and (B) are incorrect. (C) is incorrect because self-defence is available when reasonable force is used to defend oneself, another, or property, which clearly does not apply here. Intoxication can offer a defence to a specific intent offence like attempted murder if the defendant is so intoxicated that they cannot form the necessary mens rea. Here, we are told that the husband intended to kill his wife, so this defence does not apply and (D) is incorrect.QUESTION ID: CRL147

Question 6

A solicitor is representing a defendant at court for first appearance. The defendant is charged with theft. The evidence against the defendant is overwhelmingly strong, and the solicitor believes the defendant should plead guilty.

Should the solicitor tell the defendant to plead guilty?

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Answer 6

No, because the decision on plea is for the defendant only and a solicitor must never tell their client how to plead.(A) The solicitor should not tell the defendant to plead guilty. The decision on plea is for the defendant only, and a solicitor must never tell their client how to plead. A defence solicitor should advise on the strength of the evidence, which includes warning the defendant when the evidence is strong. A solicitor should also advise on the credit defendants are entitled to for an early guilty plea compared to conviction following trial. However, the decision on plea remains the defendant’s alone. (B) and (E) are incorrect as a solicitor should never tell their client how to plead. (B) is incorrect because the solicitor should not tell the defendant to plead guilty or not guilty. (C), (D), and (E) are incorrect, because, although all three statements are true, the solicitor should not tell the defendant how to plead. QUESTION ID: CRP049

Question 7

A woman took up archery as a hobby. To hone her skills, she placed three cans atop her wooden fence and began shooting arrows at the cans. A large group of children were playing in the yard next door. The woman knew that an arrow was likely to strike a child and cause serious injury or death, but she continued shooting. An arrow did, in fact, catch a child who died as a result.

Which of the following best describes the likely result if the woman is charged with murder?

Answer 7

The woman will be found guilty because striking a child was a virtual certainty, and the woman recognised this.(E) Murder is committed when a defendant unlawfully kills a human being with intent to kill or cause grievous bodily harm. The woman had no direct intent to kill here. However, when the defendant realises that death or grievous bodily harm is a virtual certainty of the defendant’s conduct, this is sufficient for indirect intent. (A) is incorrect because the woman did not have to have actual intent to cause death. Intent to cause grievous bodily harm would suffice, and this can be implied here under the doctrine of indirect intent. (B) is incorrect because the intent will be implied through the doctrine of indirect intent. (C) is incorrect because reckless conduct does not give rise to murder, although it can give rise to a charge of involuntary manslaughter. (D) is incorrect because the woman can be found guilty of murder if grievous bodily harm, rather than death, was a virtual certainty of her actions.QUESTION ID: CRL076

Question 8

A woman made a will leaving a gift of “£50,000 to the children of my sister who reach the age of 18”. The woman died three months ago and was survived by her sister who has two children, aged 20 and 14. The sister now discovers that she is pregnant with a third child, conceived after the woman’s death.

Which of the following best describes how this gift will be distributed?

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Answer 8

The gift of £50,000 may pass to both the 20-year-old and the 14-year-old.(B) The gift of £50,000 may pass to both the 20-year-old and the 14-year-old. A class gift is a gift of property to be divided among beneficiaries who fulfil a general description. Here, the class gift is to be divided among the children of the sister who reach the age of 18. Class closing rules apply to determine how and when a class gift should be distributed. Generally, a class closes – to the exclusion of any potential beneficiary not then living-when at least one beneficiary has a vested interest. When there is a contingent gift, with a condition that needs to be satisfied, the class closes at the date of the testator’s death if there is any living beneficiary who has met the condition. The class then includes any other living beneficiary who later meets the condition. Here, the class closes at the date of the woman’s death because the sister already has one child who has reached the age of 18 and has therefore fulfilled the condition. Any future children of the sister who are ‘living’ at this time may also claim a share of the £50,000 when they reach the age of 18. This includes the 14-year-old only. The baby has no future entitlement as it had not been conceived before the class closed on the woman’s death. (A) is incorrect. Whilst the 20-year-old has fulfilled the contingency and so can claim a share of the £50,000 now, the 14-year-old can also claim a share when they reach the age of 18. (C) is incorrect. The baby was not conceived when the class closed on the woman’s death and so is not entitled to a share. (D) is incorrect. The class closed on the woman’s death, and any future children of the sister will have no entitlement to share in the £50,000. (E) is incorrect. A class gift such as this is valid.QUESTION ID: WEA040

Question 9

A man has owned 7,500 shares in an unlisted trading company since January 2001. On 1 July 2023, he gave 3,000 shares to his son. The company has an issued share capital of 10,000 shares.

The values of different shareholdings in the shares on 1 July 2023 are as follows:

Up to 25%: £5

26% to 50%: £8

51% to 74%: £13

75% or more: £20

What is the transfer of value for inheritance tax purposes on the gift of the shares to his son?

Answer 9

£114,000(E) £114,000. The transfer of value is always the loss to the donor. With unquoted shares the value by which the estate has diminished is used. The value of the man’s shares before the gift was £150,000 (since he owned 75% of the shares, we calculate value at £20 per share). After the gift, the man held 45% of the shares (4,500) which were worth £8 per share (£36,000). £150,000 - £36,000 = £114,000.QUESTION ID: TAX172

Question 10

A settlor transfers property to three trustees to hold on trust for her grandchildren. The trust deed contains no express powers dealing with the appointment of trustees. One of the trustees wishes to retire.

Which of the following most accurately describes the trustee’s power to retire?

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Answer 10

The trustee may retire without replacement provided his co-trustees consent by deed.(D) A trustee may retire without replacement provided: (1) he obtains the consent by deed of all his co-trustees and the person, if any, given power to appoint new trustees by the trust instrument, and (2) he leaves in office at least two trustees or a trust corporation. The facts state that the trust deed contains no powers dealing with the appointment of trustees, so the trustee requires only the consent of his co-trustees. (A) and (C) are incorrect because the co-trustees must consent by deed. (B) is incorrect because the settlor made no express provision in the trust deed reserving power to appoint new trustees. (E) is incorrect because there are three trustees so two trustees will remain in office after the third trustee’s retirement.QUESTION ID: TRU04

Question 11

A man is buying a house which is 20 years old. The survey he commissioned includes the following information:

‘Internal works have been recently carried out to the property. A wall was erected in the large dining space to create an office room in the rear of the original room. From my inspection, the internal works were minor in nature and did not involve alteration to any load bearing walls.’

The seller did not obtain permission from the local authority to undertake the work. Though the surveyor’s report confirmed the works were minor internal works, the man is still concerned and discusses the matter with his solicitor.

What advice is the solicitor likely to give regarding this issue?

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Answer 11

That the work is not considered to be development and thus planning permission was not required.(C) The solicitor should advise the client that the work is not considered to be development and thus planning permission was not required. Under the Town and Country Planning Act 1990, planning permission is required for any development of land. Development includes building and making a material change of use. However, minor internal work is not considered to be development and so planning permission is not required. The survey confirms that the work was minor in nature. Therefore, (B) is incorrect. (A) is incorrect because while any alterations to a listed building (that is, one listed as historical or otherwise significant) usually need planning permission, there is no suggestion in the facts that the property here is a listed building. Additionally, the facts indicate the property is a house that is only 20 years old. It is highly unlikely to be on the list. (D) is incorrect because merely creating two rooms from one internally would not constitute a material change of use. Change of use contemplates changes such as conversion of one house to two flats or a house to a shop and a flat. (E) is incorrect because if work is not considered to be development in the first place, then deemed permission under the permitted development regime is irrelevant (because no permission is required).QUESTION ID: PRP220

Question 12

An executor is administering the estate of a woman who died recently. The woman’s assets pass to her daughter under her will. The assets comprise a house (worth £100,000 but subject to a £80,000 mortgage) and £20,000 of other assets. As well as the mortgage, the woman has £60,000 of unsecured debts. Her funeral expenses total £2,000.

Which of the following is true with respect to payment of the woman’s debts and funeral expenses?

Answer 12

The mortgage lender will be paid in full.(A) The mortgage lender will be paid in full. This is an insolvent estate, as there are insufficient assets to pay all expenses and debts in full. Secured creditors have priority over unsecured creditors, so the secured mortgage lender must be paid first and will receive repayment of the mortgage in full. Once this secured debt is paid, the remaining assets are used to pay the unsecured creditors. These creditors must be paid in the prescribed order. The order is funeral and administration expenses, preferred debts, ordinary debts, interest on preferred and ordinary debts, and deferred debts. Each creditor ranks equally in a category, and their payments abate proportionally. Here, the funeral expenses will be paid first, and there are sufficient funds to pay the £2,000 in full. Next, the remaining £60,000 of ordinary debts should be paid. However, there are only £38,000 in assets remaining (£20,000 from the house sale plus £20,000 in other assets, minus the funeral expenses). As there are insufficient assets to cover these fully, the creditors will receive the same proportion of the sum owed to them. (B) is incorrect. As the mortgage lender is a secured creditor, it will receive payment in priority to the unsecured creditors. (C) is incorrect. The remaining £20,000 from the sale of the house will be used to pay the estate’s debts. If the estate were solvent, the daughter would likely receive the £20,000. (D) is incorrect. The funeral expenses are paid in priority to ordinary debts, and there are sufficient assets to fully cover the funeral expenses. (E) is incorrect. The mortgage lender is a secured creditor, not a preferred creditor. Employees are the only group of preferred creditors.QUESTION ID: WEA143

Question 13

Question
A woman died intestate, survived by her husband and her daughter from a previous relationship. The assets in her sole name totalled £700,000, comprising the family home (£450,000), personal belongings (£50,000), and £200,000 in shares.

Which of the following best describes how the woman’s estate will be distributed?

Answer 13

The daughter will be entitled to the sum of £164,000 from the estate
.(D) The daughter will be entitled to the sum of £164,000 from the estate. The rules of intestate succession apply when a person dies without a will. Under these rules, when the deceased is survived by a spouse or civil partner and issue, the spouse or civil partner will receive personal chattels, £322,000, and one-half of the residue. The deceased’s issue will take the other half of the residue. The intestacy rules classify children born to unmarried parents as issue, and so the daughter is entitled to share in the estate. The husband will receive the personal belongings (worth £50,000), a statutory legacy of £322,000, and half of the remaining assets. Once the personal belongings and statutory legacy are received by the husband, this leaves £328,000 of the £700,000 estate remaining. This sum is split equally between the husband and daughter, and so the daughter receives £164,000 under the intestacy rules. (A) is incorrect. It is the spouse, not the daughter, who is entitled to the statutory legacy. (B) is incorrect. Under the intestacy rules, the daughter is entitled to share in the estate. It does not matter that her parents were unmarried. (C) and (E) are incorrect as they do not accurately describe how the estate will be shared in this intestacy situation.QUESTION ID: WEA070

Question 13

A man approached the cashier at a local petrol station and offered to exchange a pair of sunglasses for some petrol. The cashier refused. The man then pulled a knife out of his pocket and told the cashier he wanted to fill up. The cashier, who was quite a bit older than the man, gave him some ‘fatherly advice’ that crime does not pay. In response to the advice, the man put the knife away. Feeling sorry for the man, the cashier then agreed to give the man some petrol for the sunglasses. The man then left. The cashier then discovered the man had taken the sunglasses from a display case in the store and clipped the tag off before offering them to the cashier. The man was arrested shortly thereafter.

With which offences should the prosecution charge the man?

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Answer 13

The man should be charged with fraud by false representation and attempted robbery.(C) The man should be charged with fraud by false representation and attempted robbery. Fraud by false representation requires that the defendant dishonestly make a false representation intending to make a gain for himself or a loss for another. Here the man dishonestly represented that the glasses were his, intending to make a gain for himself (the petrol). The man can also be convicted of attempted robbery because he attempted a taking of the property of another in the presence of the victim by force and with the intent to permanently deprive the victim of it. The fact that the man was persuaded not to carry out the robbery does not affect his liability for attempt; that crime was completed as soon as he pulled out a knife and demanded the petrol. He did an act that was more than merely preparatory. However, he did not actually obtain the petrol by use of force. Therefore, he did not commit robbery, so (B) is incorrect. (A) and (D) are incorrect because theft occurs when the man intends to deprive the cashier of the glasses permanently. Here, the man just wanted to use the glasses as a way to convince the cashier to give him petrol. It is arguable that the man’s actions were analogous to acting as the owner by clipping off the tag. However, fraud by misrepresentation is more clearly made out and, therefore, a far more preferable charge to theft. (E) is incorrect because the rule is that abandonment is not a defence to attempt. As discussed above, the crime of attempted robbery was completed as soon as the man pulled the knife out of his pocket and demanded petrol.QUESTION ID: CRL028
QUESTION ID: CRL028

Question 14

A defendant is charged with theft of a case of wine worth £100 from a grocery store. The defendant plans to plead not guilty.

Where will the case be heard?

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Answer 14

Magistrates’ Court or Crown Court, depending on where the defendant elects trial.(B) The case can be heard in the Magistrates’ Court or Crown Court, depending on where the defendant elects trial. Whilst theft is ordinarily an either way offence, theft under the value of £200 is treated as summary only in that the Magistrates’ Court cannot decline jurisdiction. However, the defendant is able to elect Crown Court trial. (A) is incorrect, as the defendant is still able to elect Crown Court trial. (C) and (D) are incorrect, as the Magistrates’ Court cannot decline jurisdiction. (E) is incorrect, as the matter will stay in the Magistrates’ Court if the defendant accepts. QUESTION ID: CRP120

Question 15

The managing director of a law firm’s client disputes a bill the firm recently issued for professional services. The firm agrees to reduce the professional fees by £500 to £3,500.

How should this reduction be reflected in the client ledger?

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Answer 15

In the client ledger account, credit the business side with £500 and £100 to reflect the reduction in VAT.(D) The reduction will be shown as a credit on the business side of the client account (and a debit in the profit cost and HMRC ledgers) to reflect the reduction in costs actually billed. Thus (D) is correct. (A) is incorrect because it should be a credit on the business side. (B) is incorrect because the question specifically asked about the client ledger account rather than the cash account. (C) is incorrect because the reduction should be shown as a credit to the client and not as a debit. (E) is incorrect because the accounts must accurately track the sequence of events, including the issuing of the original invoice and the subsequent reduction in fees.QUESTION ID: ACC028

Question 16

A wealthy man died recently. His will leaves his holiday home to his favourite nephew and the remainder of his estate to his two children. The man’s nephew does not want the expense of maintaining the holiday home and would prefer for his sister to receive the home instead.

Which of the following is the best method for the man’s nephew to achieve this outcome?

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Answer 16

The nephew should make a written variation passing the holiday home to his sister.(E) The nephew should make a written variation passing the holiday home to his sister. A variation allows a beneficiary to change who receives their inheritance. To be effective for tax purposes, a variation must be made in writing, made within two years of death, and not made for monetary consideration. (A) is incorrect. When a beneficiary disclaims a gift, the gift falls into the residue. So here, a disclaimer would not pass the holiday home to the nephew’s sister, and instead the home would pass to the man’s two children as part of the residuary estate. (B) is incorrect. A lifetime gift would not be the best method because it would be a potentially exempt transfer, which would become taxable if the nephew were to die within seven years. (C) is incorrect. For the variation to be read back to the date of death as if the deceased had left the asset to the new beneficiary, the variation must be in writing. A verbal variation is not effective. (D) is incorrect because the will would not become effective until the nephew’s death, and he wants his sister to receive the holiday home now. QUESTION ID: WEA155

Question 17

Question
A 17-year-old has an absolute vested interest under a trust of £100,000 of which he is the sole beneficiary. The trust was created in 2015. The beneficiary wishes to receive an advancement of capital for the purchase of a motor car. The motor car costs £55,000.

Can the trustees advance £55,000 for the purchase of the car?

Answer 17

Yes, because the trustees have the discretion to advance capital if they believe the purchase of the car would be for the beneficiary’s advancement or benefit.(B) Trustees have the discretionary power to advance trust capital for a beneficiary’s advancement or benefit when the beneficiary has an interest in the capital. Therefore, the trustees can advance £55,000 for the purchase of the car if they believe it would be for the beneficiary’s advancement or benefit. (A) is incorrect because the power of advancement applies to minor and adult beneficiaries. (C) is incorrect because the trustees can advance up to the amount of the beneficiary’s presumptive entitlement. The rule for trusts created before 1 October 2014 is that the advancement is limited to one-half of the beneficiary’s presumptive share. (D) is incorrect because the power of advancement is used for the beneficiary’s advancement or benefit; the standard is not education or maintenance. (E) is incorrect because the trustees decide whether to advance capital.QUESTION ID: TRU097

Question 18

An unmarried couple has instructed their solicitor to act for them in relation to the sale of a property that they have owned and lived in for 10 years.

Which title guarantee is most appropriate in this circumstance?

Answer 18

Full title guarantee.(B) A full title guarantee is most appropriate in this circumstance. A full title guarantee includes a guarantee that the seller is entitled to sell the property, that they will do all in their power to transfer the purported title to the buyer, and that they are selling the property free from all charges or encumbrances other than those disclosed in the contract. This type of guarantee is generally given by a seller who owns the full legal and equitable interest in the property and has lived at the property, which is the case here. (A) is incorrect. No title guarantee would be given by a seller who has no knowledge of the property at all, for example, a mortgagee in possession. (C) is incorrect. A limited title guarantee is narrower in scope than a full title guarantee; in it, the seller merely warrants that the seller has not created any charges or granted any rights during their period of ownership that have not been disclosed in the contract. A limited title guarantee is typically given by a seller with less knowledge or involvement with the property and is most appropriate when, for example, the seller is a personal representative. (D) and (E) are incorrect. There are no such title guarantees.Q

Question 19

A solicitor is acting for a woman applying for first registration of her unregistered title. She possesses the title deeds to the property and all necessary documentation. The woman mentions to her solicitor that she recently granted a five-year lease to a tenant who is currently occupying the property.

What class of title is likely to be granted to the woman when the property is registered?

Answer 19

Absolute title.(C) On first registration, His Majesty’s Land Registry (‘HMLR’) is likely to grant absolute freehold title since the woman possesses the title deeds and all necessary documentation as to her ownership. The tenant’s lease may be an overriding interest (as a legal lease for seven years or less), meaning the woman’s registered estate will be subject to it, but the existence of the lease does not mean the woman will not be awarded absolute title. (A) is incorrect because it is not a class of title. A freehold estate is one of the two legal estates in land in England and Wales. (B) is incorrect because this is not a class of title. Good leasehold title may be awarded when the freehold title has not been produced to HMLR on application to register a lease. (D) is incorrect because possessory title is a class of title based on factual possession of the land rather than documentary evidence. It is commonly given when an application for registration is based on adverse possession or when the title deeds have been lost. Here, the woman possesses the title deeds and necessary documentation, so possessory title will not be awarded. (E) is incorrect because this is not a class of title. A leasehold estate is the other of the two legal estates in land in England and Wales.QUESTION ID: LAN082

Question 20

In his will a testator left £100,000 to trustees “to be divided between all my employees and former employees living at my death”. The testator has died. The current employees can all be clearly identified, but the company records are not detailed enough to identify all the former employees.

Which of the following best describes the position of the trustees?

Answer 20

They hold on resulting trust for the testator’s estate.(C) The trustees hold on resulting trust for the testator’s estate. The testator has attempted to create a fixed interest trust as the trustees are to divide the fund between all the beneficiaries and are not given any discretion to choose between them. The test of certainty of objects in a fixed interest trust is the ‘complete list’ test. The trust fails for lack of certainty of objects if it is not possible to make a complete list of all the beneficiaries. (A) is incorrect because the trust has failed. (B) is incorrect because trustees would only apply to the court where there was uncertainty as to the effect of the wording of the will, which is not the case here. (D) is incorrect because the terms of the trust do not give the trustees discretion to choose between the beneficiaries. (E) is incorrect because the trust has failed.QUESTION ID: TRU013

Question 21

A landowner owns a plot of farmland, the title to which is unregistered. There are currently no mortgages over the land. The landowner needs to raise capital to buy some machinery and decides to borrow £50,000 from a bank. The bank wants to take a charge over the land as security for the loan by the creation of a 25-year mortgage.

Which of the following best describes how the bank’s security will be protected following completion of the mortgage and drawdown of the loan?

Answer 21

The creation of a first legal charge will trigger first registration of the land and the mortgage will appear on the Charges Register of title(C) The creation of a first legal charge will trigger first registration of the land and the mortgage will appear on the Charges Register of title to protect the lender’s security. The creation of a first legal mortgage triggers first registration at His Majesty’s Land Registry (‘HMLR’) if the title to the land at the time of the mortgage is unregistered. For registered land, a lender protects their interest by registering the charge at HMLR on the Charges Register of the title affected by the charge. Here, the bank’s first legal mortgage will trigger first registration of the farmland. Once registered, a register of title will be created and the bank’s interest will be included on the Charges Register of title. (A) is incorrect because, as explained above, upon registration, the bank’s charge will be registered on the Charges Register, not the Property Register. (B) is incorrect because the lender would have held the deeds as security for the loan if the title had remained unregistered. However, as explained above, creation of a first legal mortgage triggers first registration. (D) is incorrect because a C(i) puisne mortgage land charge is not relevant here. A puisne mortgage protects a second or subsequent charge not protected by the deposit of title deeds where title to the land remains unregistered. (E) is incorrect because, as explained above, the lender must protect its interest. Registration protects the priority of the bank’s interest against that of a subsequent registrable disposition for value. QUESTION ID: LAN093.

Question 22

A defendant appears before court charged with theft. The district judge believes that a custodial sentence is likely and is minded to refuse bail.

Which of the following best states an exception to the right to bail upon which the defendant could be refused bail?

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Answer 22

There are substantial grounds to believe that the defendant would interfere with witnesses.(D) Bail can be refused if there are substantial grounds to believe that the defendant would fail to surrender, commit further offences, or interfere with witnesses or otherwise obstruct justice. (B), (C), and (E) are all incorrect as they miss the key term substantial. Bail can also be refused if the defendant is charged with an offence that can be tried in the Crown Court (such as burglary, arson, or GBH), and they were on bail at the time of the offence. Whilst in (A) the defendant was previously charged with battery, this offence cannot be tried in the Crown Court because it is summary only, and so (A) is also incorrect.QUESTION ID: CRP044

Question 23

Question
A solicitor is acting for the buyer of a residential dwelling. The Property Information Form indicates that the seller subdivided a single dwelling house into two separate dwelling houses six years ago. The solicitor’s local search has revealed no planning permissions relating to the property.

Which of the following is the best advice the solicitor should give their client with respect to the subdivision?

Answer 23

That the work carried out by the seller constituted a material change of use, and the local authority has four more years in which to serve an enforcement notice.(B) The best advice here is that the work carried out by the seller constituted a material change of use, and the local authority has four more years in which to serve an enforcement notice. Converting a single dwelling into two or more separate dwellings is a material change of use for which planning permission is required. A local authority has up to 10 years in which to bring an enforcement action for unauthorised change of use. Since only six years have passed since the work was done, the local authority still has four years in which to bring an action. As the action can result in tearing down the unauthorised use (or requiring changes), a competent solicitor would advise their client of this possibility. (A) is incorrect because whilst it is no doubt true that the work constituted a development, that planning permission probably was required, and that the time for enforcement of that violation is four years and has expired, it is not true that the time for an enforcement action has passed, and that was not the only planning violation here. As discussed above, the local authority still has time to bring an enforcement action for the material change in use. Thus, (A) would not be the best advice here. (C), (D), and (E) are incorrect because they each rely on an incorrect time limit. QUESTION ID: PRP107

Question 24

On 1 August 2023, a man sold a residential investment property realising a chargeable gain of £42,900. His taxable income was £18,030 for the tax year 2023/24.

The annual exempt amount for the 2023/24 tax year is £6,000 and the tax rates for sales on residential property are 18% for any basic rate band available and 28% for any gains in excess of any available basic rate band. The basic rate band extends to £37,700.

What is the man’s capital gains tax liability for the tax year 2023/24?

Answer 24

£8,365(D) £8,365. To calculate the man’s capital gains tax liability on the sale of residential property used wholly for investment, we subtract the annual exempt amount from the chargeable gain to arrive at the taxable gain (£42,900 - £6,000 = £36,900 taxable gain). We then would apply a 18% rate to the amount of the taxable gain that is still within the taxpayer’s basic rate band above the taxpayer’s other income and apply a 28% rate to amounts in excess of the basic rate band. The basic rate band is for income up to £37,700. The man’s other income for the year was £18,030, which means he has £19,670 left of his basic rate band (£37,700 - £18,030). Since his capital gain is more than that amount, the first £19,670 of the gain will be taxed at 18% and the amount of gain above that, £17,230 (£36,900 - £19,670), will be taxed at 28%. £19,670 x 18% = £3,540.60, and £17,230 x 28% = £4,824.40. £3,540.60 + 4,824.40 = £8,365.QUESTION ID: TAX07

Question 25

A woman asked her friend if she could borrow his car to drive to the grocery store. Although the friend knew the woman sometimes sold illegal drugs, he gave the woman his car keys and told her she could use the car to do her shopping. The woman drove to the store as agreed because that is where she had arranged to meet someone to sell them illegal drugs. The woman was arrested as soon as she passed the illegal drugs to the buyer. The police then traced the car back to the woman’s friend.

Can the friend be held criminally liable for the sale of the illegal drugs?

ResponsesPress Enter or Space to submit the answer

Answer 25

The friend cannot be held criminally liable for the sale of the illegal drugs because the friend’s acts were not sufficient for liability for aiding, abetting, procuring, or counselling.(B) The friend is not guilty of any crime because the friend’s acts were not sufficient for liability for aiding, abetting, procuring, or counselling. The best way to arrive at this choice is to eliminate the other choices. (A) is incorrect. An accomplice aids, abets, counsels, or procures another offender. Here, despite the fact the friend knew the woman sometimes sold illegal drugs, nothing indicates he thought the woman was going to the store for any purpose other than to buy groceries. Therefore, he did not act as an aider, abettor, etc. (C) is incorrect. The mere knowledge that a person sometimes commits crimes is not a sufficient basis for imposing criminal liability on anyone who unknowingly helps the person commit a crime. (D) is incorrect because a person can be guilty of aiding even if the person’s action is not part of the physical acts (actus reus) required for the crime. Any act that aids, abets, procures, or counsels can be a sufficient basis for imposing liability. (E) is incorrect because a co-principal is one who acts together with another to commit the prohibited act, and here the friend did not act with the woman in selling the illegal drugs.QUESTION ID: CRL07

Question 26

Question
A woman’s valid will makes a gift of £10,000 to her brother. Five years after making the will, the woman crosses through the original gift and writes a gift of £20,000 next to the original text. No witness was present at the time that this change was made. The wording relating to the original gift is no longer legible.

Which of the following statements best describes the effect of this alteration?

Answer 26

The brother will receive nothing.(C) The brother will receive nothing. An unattested alteration is a change made to a will without the formalities of the testator’s signature and witnesses. An unattested alteration made after a will was executed is ineffective. If the original words are apparent, they remain a valid part of the will. If the original words are illegible, the testator’s actions are treated as revocation of the gift. Here, the woman made an unattested alteration after the will was executed, and so the gift of £20,000 does not take effect. As details of the original gift are no longer visible, it also fails and the brother will receive nothing. (A) is incorrect. An unattested alteration made after the will’s execution is invalid, and so the gift of £20,000 does not take effect. (B) is incorrect. The wording of the original gift is no longer visible, and so that gift will fail. (D) is incorrect. The alteration will not invalidate the will. (E) is incorrect. Both gifts to the brother will fail, as the first gift is no longer visible and the alteration was not properly executed.QUESTION ID: WEA015

Question 27

A buyer bought a house from a developer. The developer retained land on the estate. The transfer to the buyer contained a covenant in the following terms: “Buyer agrees not to allow the fence on the western boundary to fall into disrepair”. Heavy winds have caused the fence to fall down and the developer has written the buyer requesting that the buyer reinstate the fence in accordance with the covenant.

Can the developer enforce the covenant against the buyer?

Answer 27

Yes, because it is a positive covenant that may be enforced due to the doctrine of privity of contract as the buyer and the developer are the original contracting parties.(B) The developer can enforce the positive covenant due to privity of contract as the buyer and the developer are the original contracting parties. Generally, positive covenants bind only the contracting parties. Here, the covenant is a positive covenant because maintaining the fence is a positive act (usually requiring the payment of money to comply), and the covenant was made between the current parties, so no issues of enforceability between successors in title arise. (A) is incorrect because, as explained above, the covenant is positive rather than restrictive as maintaining the fence is a positive act. (C) is incorrect because positive covenants are enforceable between the original contracting parties. (D) is incorrect because, as explained above, this is a positive covenant. It is possible for restrictive covenants to be enforced even if not registered. (E) is incorrect because the developer does not need to show that the buyer has been at fault in causing the disrepair to enforce the positive covenant. The covenant is enforceable between them without further condition because they are the original contracting parties. QUESTION ID: LAN058

Question 28

A defendant is standing trial on an allegation of grievous bodily harm (‘GBH’) on his ex-girlfriend in the Crown Court. The defendant is giving evidence. He states, “I was acting in self-defence. That bad girl is violent. She beat me and I had to fend her off. She’s been done for it before; it’s just what she’s like”.

What will be the effect of the defendant’s statement about his ex-girlfriend?

Answer 28

Evidence of the defendant’s bad character will be admissible in the proceedings.(D) The defendant’s statement about his ex-girlfriend will cause evidence of his bad character to be admissible in the proceedings. One of the seven gateways to bad character being admitted in evidence is when the defendant attacks the character of another, which is the case here. There is no requirement for the defendant to realise the effect of their statement, and so (E) is incorrect. (A) is incorrect as the defendant’s statement falls under the gateway of the defendant attacking another’s character. (B) and (C) are incorrect as, whilst evidence of the defendant’s bad character could potentially also be admissible under the grounds cited, these are not the only routes to admission because the defendant clearly attacked his ex-girlfriend’s character.QUESTION ID: CRP086

Question 29

An executor is administering the estate of a woman who died recently. The woman had a son, currently aged 18, who has an interest in the estate contingent upon him reaching the age of 21. The executor will continue to hold the son’s interest (comprising a sum in a high interest bank account) on trust in the meantime. The will contains no provisions in relation to the holding of this sum.

The son has asked for the interest generated on the bank account to be paid to him now and going forward.

Which of the following best states the position of the executors in relation to this request?

ResponsesPress Enter or Space to submit the answer

Answer 29

The executor is required to pay all interest to the son now, as he has reached the age of 18.(B) The executor is required to pay all interest to the son now, as he has reached the age of 18. This situation concerns the executor’s power to maintain a minor. When property is held for a minor beneficiary, PRs may apply the income for the maintenance, education, or benefit of the minor. Otherwise, the PRs must accumulate the income. Once the beneficiary turns 18, ongoing income must be paid to them until their contingent interest is satisfied. Here, now that the son is 18, he is entitled to receive all future interest received on the sum held. When he turns 21, he will receive the capital plus any accumulated income. (A) is therefore incorrect. (C) is incorrect because the executor must pay the interest to the son now that he is 18. (D) is incorrect because the executor must give the interest to the son regardless of the purpose for which he plans to use the income. (E) is incorrect because the son does not have to demonstrate a need for the money.QUESTION ID: WEA137

Question 30

A defendant is standing trial for burglary. He is jointly charged with his nephew. The nephew pleads guilty before the start of the trial. Both the prosecution and the defendant want the nephew to give evidence. The nephew is tired of dealing with the criminal justice system and does not want to give evidence.

Which of the following best describes whether the defendant’s nephew will have to give evidence?

Answer 30

The nephew is competent and compellable for both the prosecution and defence.(A) The nephew is competent and compellable for both the prosecution and defence. Co-defendants are not competent or compellable for the prosecution, but they are competent but not compellable for the defence. However, if a co-defendant pleads guilty or the case is dropped, the co-defendant becomes an ordinary witness. Ordinary witnesses are competent and compellable for both parties. Here, after pleading guilty, the nephew became an ordinary witness and is both competent and compellable for the prosecution and the defence. This means either side can force him to give evidence. (B), (C), (D), and (E) are incorrect as they do not identify that the nephew is both competent and compellable for either side. QUESTION ID: CRP097

Question 30

A man drunkenly admits to his friend in a bar that he killed his girlfriend. The bartender overhears. The man is subsequently charged with murder, and both the friend and bartender are ready to give evidence at trial.

Is the man’s admission in the bar admissible?

Answer 30

Yes, the man’s admission is a confession and therefore admissible.
(B) The man’s admission is admissible in evidence because it is a confession. Hearsay is a statement made out of court which is adduced to prove the truth of its content. Thus, although the witnesses are coming to court to give evidence, they will be giving evidence about a statement made out of court to prove the truth of its content. Therefore, the statement is hearsay. (A) is therefore incorrect. Hearsay is not generally admissible unless it falls into one of the exceptions to the rule against hearsay. One of the exceptions is confessions. A confession is any statement wholly or partly adverse to the person who made it, whether made to a person in authority and whether made in words or otherwise. The man’s statement that he killed his girlfriend is a confession, and it will be admissible. (E) is therefore incorrect. It is irrelevant to the statement’s admission that the man was intoxicated and that it was heard by two witnesses, and so (C) and (D) are incorrect.QUESTION ID: CRP122

Question 31

A defendant is awaiting trial in the Magistrates’ Court for criminal damage. The prosecution case is that the defendant, with unnamed others, sabotaged a hunt by damaging the horses’ tack. The defendant has not yet provided any details of his defence to the prosecution or the court, and he did not answer questions in interview. He would prefer not to provide details of his defence, as he is worried it may lead to further investigation of his associates.

Does the defendant have to provide any details of his defence in advance of trial?

ResponsesPress Enter or Space to submit the answer

Answer 31

No, the defendant does not have to provide any details of his defence in advance of trial.(A) The defendant does not have to provide any details of his defence in advance of trial. The defendant does not need to serve a defence case statement because his trial is in the Magistrates’ Court, and there is no duty to disclose on the defence. (B) is incorrect because the defendant can serve a defence case statement if he chooses to. (C), (D), and (E) are incorrect as the duty to serve a defence case statement applies only in the Crown Court.QUESTION ID: CRP062

Question 32

A woman died last month, leaving her entire estate to a charity. The woman had been in a relationship with her partner for the last 18 months. They were not married but had lived together for the last year after the woman moved into the partner’s house. However, they each continued to manage their financial affairs separately. The woman also had a 14-year-old daughter, who lived with the woman and her partner. The woman’s mother is also alive, but they have not had any contact for several years. The partner, daughter, and mother are all now considering making claims against the woman’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Which of the following best describes who may be eligible to bring such a claim?

Answer 32

The woman’s daughter only.C) The woman’s daughter is eligible to bring a claim. Only certain types of applicant are eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’). The woman’s daughter is eligible to claim as a child of the deceased. (A) and (B) are incorrect because the woman’s long-term partner is not eligible to claim. Under the Act, there are three categories of claimants into which a partner might fit: surviving spouses or civil partners, persons who were being maintained by the deceased, and persons who were living with the deceased during the whole of the two-year period immediately before the death as the partner of the deceased. The partner does not fit into any of these categories because they were unmarried, the partner was evidently not being maintained by the woman, and the partner did not live with the woman as her partner for the required period of two years before her death. (D) and (E) are incorrect because the woman’s mother is not eligible to claim because she was evidently not being maintained by her daughter, as they were not in contact.QUESTION ID: WEA121

Question 33

In her will a woman appointed two trustees to hold her residuary estate on trust for her son for life with remainder to his children. The trust fund includes a plot of land which the trustees decide to sell. The land has been valued at £100,000. After obtaining informed consent from the woman’s son and the other trustee, one of the trustees buys the land from the trust at a public auction for £100,000.

Did the trustee act properly in purchasing the land?

Answer 33

No, due to potential conflicts of interest.(C) The trustee may not purchase the land due to potential conflicts of interest. Trustees must not place themselves in a position where their personal interests conflict with their fiduciary duties to the trust. The ‘self-dealing rule’ applies to prevent a trustee from purchasing trust property, and any such purchase is voidable at the instance of the beneficiaries. (A) is incorrect because a trustee’s purchase of trust property remains voidable, even if a beneficiary’s consent was obtained. (B) and (D) are incorrect because the rule applies to whatever sum the trustee pays for the trust property and regardless of whether it is sold at auction. (E) is incorrect because the consent of a co-trustee does not prevent the application of the self-dealing rule.QUESTION ID: TRU052

Question 34

Question
A firm receives the sum of £250,000 from a client following the sale of the client’s dry-cleaning business. The client instructs the firm in writing to transfer £100,000 from her account into the account of her husband, who is also a client of the firm, to hold it for him to use towards the purchase of a business by him.

Which of the following statements is correct as to the treatment of the funds by the firm?

Answer 34

The firm must carry out an inter-client transfer and the client account ledgers must be amended to show the amount of money being held for each client, as well as make a record of the inter-client transaction.(C) The firm must carry out an inter-client transfer and the client account ledgers must be amended to show the amount of money being held for each client, as well as make a record of the inter-client transaction. As the firm has clear, written instructions to transfer the money from one client to another, the firm can carry out a paper transfer and just amend its internal accounts to show the amount of client money being held for each client. (A) is incorrect as there is no need to transfer actual money; it is sufficient to amend the written accounts. (B) is incorrect as there is no prohibition on transferring client money between client accounts. (D) is incorrect because, as discussed above, a paper transfer between accounts is sufficient. A separate, clearly named joint client holding account is not required. (E) is incorrect as it is not appropriate to use a stakeholder account - the firm is not holding the money in trust.QUESTION ID: ACC

Question 35

A farmer owns a barn where he keeps expensive farm machinery. The barn has been regularly burgled, and expensive items have been taken. The police have to date not been able to find the perpetrators. The farmer decides to catch the burglars himself. He leaves the barn door open at night and waits behind a tractor with a shotgun. On the third day of waiting, a burglar arrives at the scene. The farmer shouts at them to stop and stand still. The burglar runs away. The farmer shoots the burglar in the back. The burglar dies.

On these facts, what is the most serious offence the farmer is guilty of?

Answer 35

Murder.B) Murder is the most serious offence of which the farmer is guilty. The actus reus of murder is causing the death of a human being. The mens rea is intention to kill or cause grievous bodily harm (‘GBH’). By shooting the burglar in the back, the farmer has demonstrated an intention to cause GBH at the very least. (A) is incorrect as GBH does not reflect the full criminality of the farmer’s actions because the burglar died. (C) is incorrect as involuntary manslaughter applies when the actus reus of murder is present but the mens rea is absent, and the mens rea for murder is satisfied on these facts. (D) is incorrect because voluntary manslaughter applies when there is a partial defence to murder, and on the facts there is nothing to suggest either loss of control or diminished responsibility. (E) is incorrect as the charge of murder is made out.QUESTION ID: CRL132

Question 35

A landowner wishes to obtain a loan secured on his property. Title to the property is unregistered.

Which of the following would trigger first registration?

Answer 35

The creation of a first legal mortgage.(A) The creation of a first legal mortgage triggers first registration if title to the land at the time of the mortgage is unregistered, as it is here. (B) is incorrect because it is the first legal mortgage that is the trigger; a second or subsequent charge would not trigger first registration. (C) is incorrect because a puisne mortgage is how a second or subsequent charge is protected as registration of a land charge if the title to the land is unregistered. (D) and (E) are incorrect because, as explained above, the creation of a first legal mortgage is one of the triggering events for first registration; the creation of a legal mortgage protected by the deposit of title deeds or an equitable mortgage are not.QUESTION ID: LAN004

Question 36

A road barrier is erected at the end of a private road to stop members of the public accessing it. A man, angered by the restriction to access, unscrews the different sections to the road barrier and leaves them and the screws by the side of the road. The owner of the barrier hires a technician to put the barrier back in place. The technician is able to do so using all the original fittings, which are all still in perfect working order.

Is the man guilty of criminal damage?

ResponsesPress Enter or Space to submit the answer

Answer 36

Yes, because the impairment to usefulness was more than minimal
.(D) The man is guilty of criminal damage. A person commits criminal damage when they destroy or damage property belonging to another, intending to do so or being reckless as to whether the property is damaged. Damage is anything that is more than minimal impairment of usefulness or value. Here, a technician is required to repair the barrier and put it back together again, so the damage is more than minimal. (A) and (B) are incorrect, as it is irrelevant that the barrier can be repaired and the parts are not damaged; the barrier’s usefulness was impaired. (C) is incorrect because the damage done here was intentional; the man deliberately dismantled the barrier. (E) is incorrect as the impairment to the barrier’s usefulness is more than minimal – it does not function at all.QUESTION ID: CRL092

Question 37

A solicitor is acting for a client whose estate is worth £35,000. The client instructs the solicitor to draw up her will, and she wants to include a gift in her will of £25,000 to the solicitor.

Which of the following statements best describes what the solicitor should do?

Answer 37

he solicitor should refuse to act due to the conflict of interest.(A) A solicitor should refuse to act where the client’s own interests conflict with those of the solicitor. Proposing to gift such a large proportion of her estate to the solicitor puts the solicitor’s own interest in direct conflict with those of the client. The solicitor should send the client away for independent legal advice. (B) is incorrect because a letter from the client confirming that she wants the solicitor to act will not solve the problem; the solicitor must refuse to act. (While the solicitor can act if the client gets independent legal advice as to the making of the gift, that was not the situation here.) (C) is irrelevant; the significance of the gift (in itself and in relation to the estate) and the resulting creation of the conflict is the key point. (D) is incorrect because referring the matter to another member within the same firm would not address the problem. There is a conflict even if another member within the firm acts. Similarly, (E) is incorrect because a conflict exists, irrespective of the size of the estate-if anything, this makes the issue more serious as the proposed gift represents a significant part of the entire estate.QUESTION ID: ETH011