General Points to Note from Practice Qs Flashcards
Criminal Law
Does the underlying offence have to be committed for someone to assist an offence?
No, the underlying offence does not have to be committed.
Assisting occurs where the defendant does an act capable of assisting another to commit an offence and wanting that offence to be committed.
Legal Services
What is the status of the responsbility of an authorised body’s managers, and what does this mean in practice?
Responsbility is joint and several, therefore each of them have a duty to remedy any breach of the SRA Rules
Property Practice
In addition to the obvious situation of when the lease ends, what other situation requires a landlord to return unused amounts of a tenant’s security deposit?
When the tenant assigns the lease to a new tenant
Property Practice
What is a solicitor’s obligation, under the UK Finance Mortgage Lender’s Handbook, where they are representing the lender in a property transaction?
Ensure the seller is legally represented and that funds are to be sent to the seller’s solicitor’s account
Solicitors’ Accounts
Will a law firm just charge VAT on legal services?
No, on all supplies and services
Trusts
What must be shown of a third party for them to be deemed a constructive trustee in a situation where they are accessory to a breach of trust? Is it necessary to show the third party knew of the breach of trust?
That the third party accessory was dishonest, i.e., he did not act as an honest person would in the circumstances.
It is not necessary to show that the third party knew that a breach of trust was committed.
Trusts
Whilst a trustee can never, ever (ever) purchase trust property, what can they purchase and what are the two conditions for this?
A trustee may purchase the interest of a beneficiary provided that:
- Price is fair, and
- Full disclosure of all material facts is made
Trusts
Under the Trustee Act 2000, what is the geographical limit on where trustees can purchase property?
UK only
Trusts
For perpetuity purposes, what is the main reason a trust to maintain an animal will fail even where it is clear the trust will not outlast the vesting period?
The court will not take judicial notice of the likely lifespan of the animal, so a gift for an animal’s maintenance will fail unless specific provisions are made limiting its duration
Wills
Is an unmarried cohabitant entitled to a share of a deceased’s estate under the laws of intestacy?
No
Wills
From where should unsecured debts be paid?
Property undisposed of by the will, if any, and then the residue
Wills
Where a PR makes a mistake in administering an estate, against what two parties can the aggrieved beneficiaries bring a personal claim?
- The PR
- The person who mistakenly received the benefit
Wills
When does a class close where a will leaves a fixed gift to each member of a class who meets a condition?
The class closes on the date of the testator’s death and includes only beneficiaries who were living on that date.
Wills
What two things are required for an alteration made before the execution of a will to be valid?
- Evidence to show that the alteration was made before execution
- Will reads naturally after the alteration
Wills
Does a beneficiary being one of the two witnesses invalidate a will?
No, just their entitlement under the will
Even the gift is valid if the beneficiary witness is separate from two other witnesses.
