FLK2 Mock Exam April Results

Question 1

What happens when a case is finished but magistrates cannot agree to a decision?

Answer 1

If they cannot agree having considered the matter fully, the case will have to be adjourned for a rehearing.

Question 2

How can an ex spouse (married) make a claim under a will?

Answer 2

If the divorce was granted in the last 12 months and the ex-husband has not remarried, he may be able to make a claim.

Question 3

What kind of interest in a restrictive covenant?

Answer 3

equitable interest

Question 4

When must an application for first registration be made for unregistered title?

Answer 4

An application for first registration of an unregistered title must be made within 2 months of completion.

Question 5

How many trustees must there be

Answer 5

1

Question 6

How many trustees must there be when the beneficiaries are under 18

Answer 6

2

Question 7

what is the maximum number of people who can hold the legal estate

Answer 7

4

Question 8

what is the maximum number of trustees

Answer 8

none

Question 9

wills: whole blood takes priority over

Answer 9

half blood relatives

Question 10

is it possible for the legal estate to be held as tenants in common

Answer 10

no. Can hold the legal estate as joint tenants and the beneficial interest as tenants in common

Question 11

What is the appropriate distribution order for the estate when a person leaves a valid will?

Answer 11

Reasonable funeral expenses, preferred debts, a debt to HMRC, interest on preferred and ordinary debts, deferred debts.

Question 12

What is the deadline for submission of the Stamp Duty Land Tax when the title is registered and unregistered?

Answer 12

14 days

Question 13

Benjamin order protects beneficiaries against

Answer 13

presumed dead missing beneficiaries. Would not protect a living missing beneficiary.

Question 14

Is it possible for the legal estate to be held as tenants in common?

Answer 14

No just the beneficial interest

Question 15

When selling and purchasing a house at the same time, the selling and purchase must be

Answer 15

synchronised

Question 15

The legal estate can never be held as

Answer 15

tenants in common. Always joint tenants

Question 16

When a joint tenant becomes bankrupt what usually happens

Answer 16

joint tenancy is severed and it becomes a tenancy in common

Question 17

When is an Automatic Resulting Trust formed

Answer 17

When one of the three certainties fail ie. subject matter, objects and intention

Question 18

When is a presumed resulting trust held

Answer 18

Presumption is – if you are putting money towards the house, will acquire a presumption towards the house. Contributing towards the deposit have a equitable interest in the house.

Question 19

How long can a suspect be detained for before receiving a warrant from the Magistrates Court or being released?

Answer 19

36 hours

Question 20

what are the three certainties of a trust that must be present for a valid trust

Answer 20

certainty of intention
subject matter
objects

Question 21

with a registered property, benefits to the land ie. rights of way appear on

Answer 21

the property register

Question 22

with a registered property, restrictive covenants ie. negative items / incumbrances impacting the land will appear on

Answer 22

charges register

Question 23

positive rights for registered land appear on

Answer 23

property register

Question 24

negative rights for registered land appear on

Answer 24

charges register

Question 25

when trustees invest they must

Answer 25

in line with their fiduciary obligations, they should invest is something which results in the best financial return and using their duty of care

Question 26

Tell me the 5 legal interests in land

Answer 26

mortgages easements rentcharges profits a prendre rights of entry