FLK2 mock problem areas Flashcards
what is conceptual and evidential uncertainty
conceptual = meaning of words is unclear and class of B cannot be defined
evidential = difficulty of proving who falls into a class
hearsay exceptions to the rule that it is inadmissable (under CJA)
- witness is dead/unfit
- witness is outside the UK
- witness cannot be found
- witness is in fear
when must a transaction be reported to HMRC and SDLT paid
within 30 days of completion date
how would you register a charging order on an unregistered property
register as a land charge (C(iii))
when must a taxpayer who is a UK resident and sells residential property in the UK report and pay any CGT to HMRC
within 60 days of the completion date of the disposal
what is the test for recklessness
A subjective manner
‘understood there is some risk and decided to proceed despite this’
how do you calculate TNRB when partially used by predeceased spouse
calculate on a percentage basis rather than a set sum.
work out amount unused and the percentage of this from the OG NRB then calculate this same percentage from the new NRB
is there first time buyer’s relief in Wales
No
when can you not accept a referral fee as a solicitor
when the client is charged with criminal proceedings
can you used designated deposit money for the payment of disbursements
No
so should transfer that money to the general client account before solicitor can use it
where an express easement is created without an express repair/maintenance clause who is responsible?
- neither S/D under obligation to construct the way
- D has right to enter and construct but no obligation to maintain
- S has no obligation to maintain/repair (but if does then will bear whole costs)
- D has right to enter S land and repair it and will bear costs
- neither party can claim contributions
what is the consequence of profit of an unlawful act by a fiduciary
it is held to be on constructive trust
Do PRs have a liability for insurance on goods
no - but have a responsibility to ensure the estate is property protected (can be liable for loss if breach of duty of care)
is an open space capable of being granted as an easement
yes
what do you do with LCTs when calculating liability for IHT
add the total to the net estate
is information property that is capable of theft
no
what are the three requirements for half-secret trusts
- testator intended to create one
- intention was communicated prior to the execution of the will
- trustee accepted the obligation
what happens if a half-secret trust fails
the trustee will hold the gift on trust for the residuary beneficiaries
what are the rules for creating a will in contemplation of marriage
must be to a specific person and must take place in the foreseeable future
does a solicitor have implied authority to exchange contracts on buyer’s behalf
yes - implicit when hired
what is the standard of dishonesty for theft
what did the defendant know or believe about the facts when he appropriated the relevant property and if this behaviour was OBJECTIVELY dishonest
where is grade of title found in a property title
proprietorship register
what are the three perpetuity periods
- non-charitable purpose trusts = 21 years
- trusts created before 6 April 2010 = 8- years
- trusts created after 6 April 2010 = 125 years
what would be a bar to claiming the defence of loss of control
a considered desire for revenge
what is needed for a third bail application
a change in circumstances
can a restrictive covenant be enforced against a successor in title and if so how
YES
as the benefit and burden can run in equity
can you be guilty as an accessory if you don’t know the type of crime that is going to be committed
no
can evidence of misconduct on defendant’s part be adduced as bad character evidence
no because the matter doesn’t fall under the bad character provisions since it is evidently connected with the prosecution of an offence
who is responsible in a firm of ensuring compliance for SRA account rules
The COFA
what must be provided to a client if a solicitor wishes to use a TPMA
any charges or fees they are liable to pay and their right to terminate the arrangement
what is the calculation for quick succession relief
[(G-T)/G] x T
G = gross amount
T = tax already paid
