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SQE1 - Trick Questions > Mixed Set 3 [FLK2] > Flashcards

Mixed Set 3 [FLK2] Flashcards

1
Q

Trust - Power of Advancement (181)

  1. is it discretionary?
  2. what are the 3 rules?
  3. what does advancement have to achieve?
A
  1. yes
  2. a. adv must not exceed B’s share
    b. any adv $ must be deducted from their share once they become entitled to it
    c. if there is a prior life interest (vested or contingent), that person (adult) must give consent in writing of the adv
  3. improve the MATERIAL situation of B
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2
Q

Trusts - Power of advancement

  1. is it for minors/ adults?
  2. which B’s does it apply to?
  3. how much can be advanced pre 2014?
  4. what about after 2014?
A
  1. both
  2. only vested or contingent interest (not disc. Bs)
  3. upto 50% of share
  4. 100% of B’s share
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3
Q

In Wales, in CC, when will D be given the opportunity to select between English or Welsh language proceedings?

A

At Plea and Case Management stage

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4
Q

When you (solicitor) are administering an estate, where are all the estate funds held?

A

In the client account of the firm

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5
Q

What are the two times you can appeal a sentence?

A
  1. if it was wrong in law (sentence imposed could not be legally passed); or
  2. it was manifestly excessive or wrong in principle
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6
Q

Trusts - Power of Maintainance (180)

  1. is it mandatory or discretionary?
  2. what is it used for?
  3. is it available to disc Bs?
  4. is it for minors and adults?
  5. how much can be spent on b?
A
  1. discretionary
  2. education/ maintenance as T sees fit
  3. no. only vested or contingent, provided trust carries immediate income
  4. minors only (if adult, then they are entitled to the income outright)
  5. T can use all/ any income from trust prop
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7
Q

To rely on the defence of lawful excuse, what is required?

when is this used?

A

(a) you have to HONESTLY believe that X (prop) was in immediate need of protection (subjective) and
(b) your actions were REASONABLE in the circumstances (objective)

to protect prop that belonged to yourself
to protect prop that belonged to another

it is immaterial if the belief is justified or not…as long as it is honestly held

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8
Q

When the identity of a suspect is known and an identification procedure is carried out - is that evidence admissible?

A

Yes, but, the courts have the authority to exclude it for UNFAIRNESS

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9
Q

a. can a trustee delegate their powers and duties?
b. what is the exception?

A

a. general rule - no, unless expressly stated in the trust doc
b. exception: can appoint an agent to carry out delegable functions (power to distribute or dispose of trust assets, allocating fees or other payments)

when an asset management function is delegated - it should be in writing

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10
Q

If property is owned as JTs and 1 JT dies, then does the surviving JT have to obtain a grant of probate?

A

No it is a JT

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11
Q

If previous acquittals need to be admitted as bad character evidence, what are the conditions?

A

P should demonstrate the facts of the previous case have a SUBSTANTIVE PROBATIVE value regarding an IMPORTANT matter in the current case (ie propensity of fraudulent behaviour)

the concept of “important explanatory evidence” is used when is to show a pattern or tendency… or just to give background info on D

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12
Q

Where are restrictions noted?

A

Proprietorship register

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13
Q

What is a Form B Restriction in the Proprietorship Register?

A

T’s powers are limited by S8 TOLATA
Eg: T cannot dispose land until B’s consent is obtained

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14
Q

Elements for ABH

A

AR: assault/ causing bodily harm (battery)

MR: intention/ recklessness of action that caused injury

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15
Q

What is S 47

A

ABH

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16
Q

If T destroys his current will what will happen?

A

If there is an old will - that will take effect

Else - it will pass acc to the rules of intestacy

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17
Q

Prop (268)

  1. who pays SDLT?
  2. when it is reported to HMRC and paid
  3. what juris is it applicable to?
  4. what transactions does it cover?
  5. after paying SDLT whats the next step?
A
  1. buyer
  2. 14 days from COMPLETION
  3. E and N. Ireland
  4. commercial and res (purchase of freehold, assignment of lease, grant of lease)
  5. send SDLT 5 (reg land) to HM LR to register title
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18
Q

Prop tax due dates

  1. SDLT
  2. LTT
  3. VAT reg threshold
  4. CGT
A
  1. 14 days from completion
  2. to welsh rev authority - 30 days of completion
  3. 85K, else voluntary but must make taxable supplies
  4. 60 days from completion of the sale
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19
Q

Prop VAT % (275)

  1. residential prop
  2. new commercial prop (3 years max)
  3. old commercial prop
  4. grant of lease
A
  1. exempt
  2. standard - 20%
  3. exempt but option to tax
  4. exempt but option to tax
20
Q

If D cannot make comply with bail conditions due to a valid medical emergency, who has to prove what so that D avoids liability for absconding?

A

D had to prove that:
1. medical emergency was unforeseeable
2. that it directly impeded their ability to comply with the bail conditions
3. and that they surrendered as soon as reasonably practicable

21
Q

Who is entitled to apply for a grant of representation (as administrator) and what is the order of priority?

A
  1. trustee of the estate
  2. B’s of the estate
  3. PRs of the estate
  4. legatee/ creditor of the estate
  5. PR of legatee/ creditor of the deceased

If there are more than 4 adult B’s… all B’s will be entitled to take out grant of rep. but it will only be given to 4

22
Q

For actual occupation to have an overriding effect in registered land -
1. when should the actual occupation begin?
2. from when is actual occupation determined?

A
  1. before the creation of someone else’s interest (3P’s interest could be registered as a legal charge)
  2. at the time of completion (ie execution of the transfer deed to 3P’s… not exchange of contracts or registration of interest on LR)
23
Q

Criminal
The defence of duress does not apply to which crimes?

A

Murder, attempted murder and treason

24
Q

ABH elements

A

MR: theft/ battery (ie intent/ recklessness of apprehension or infliction of unlawful force)

AR: cause SOME harm

25
Q

What is recipient liability

A

When a stranger to the trust, receives trust trust property or its traceable proceeds, for their OWN benefit WITH knowledge that the assets are traceable to a breach of fidic duty
This liability is based on a concept of unconscionability

26
Q

For secondary participant liability - what is the MR?

A

They need to know the specific crime (conduct) that was being committed by the principal (general assistance in a crime is not enough).

27
Q

When a trust fails due to lack of intention - what happens?

A

It becomes an absolute gift to the trustee

28
Q

Land
In the absence of explicit limitations, how is a reservation of a “right of way” on the sellers land interpreted?

A

The reservation is interpreted against the purchaser of the land ie it will be a broader interpretation

29
Q

CRAR
1. what kind of prop does it need to be?
2. what kind of lease?
3. what is it for?
4. how long does it have to be due for (min)?
5. is a court order required to initiate it?
6. does it have to be mentioned in the contract?

A
  1. commercial
  2. written
  3. rent arrears incl VAT and interest
  4. 7 days
  5. no
  6. no
30
Q

How many people in a video identification?

A

8 + suspect = 9
any unique features must be concealed
2 suspects should be of similar appearance
12 images to be shown to the suspect

31
Q
  1. can a cohabitee make a claim against the deceased estate?
  2. if yes, by when should the claim be made?
A
  1. yes, but they lived together for 2 years prior to the death
  2. within 6m from date of grant of rep (not death)
32
Q

Self defence elements (at common law)

A
  1. D must HONESTLY believe that the use of force was necessary (subjective)
  2. must be a REASONABLE degree of force (objective) for the circumstances D believed (subjective)

note: if it is in a house (not any other property) - the force used should NOT be GROSSLY disproportionate… but just “disproportionate” force is OK

33
Q

When can a vulnerable suspect be interviewed without an appropriate adult?

A

superintendent must confirm that it will not cause the suspect any harm

34
Q

If the T breaches a repair cov, and the lease has come to an end but the building is being demolished, can LL claim damages for breach of the cov?

A

No
because the demolishment of the prop will render the repairs valueless so no damages will be recoverable by LL under S 18 LTA

35
Q

Re consent for alterations (qualified or fully qualified cov) - when can/cant a LL charge to give consent?

A
  • can charge: if its explicitly mentioned in the contract
  • if not mentioned then can charge, only reasonable legal or other expenses incurred (cannot charge a one-time premium/ consent fee)

after consent is given, LL can recover costs for possible damage or decrease in the prop value related to his consent

36
Q
  1. who can make privileged wills?
  2. what formalities do they have to follow?
A
    • Soldiers in actual military service;
    • Any mariner or seaman being at sea; and
    • Members of the naval or marine forces in actual military service.
      Actual military service has been construed broadly to include any soldier, sailor, or airman… if he is actually serving with the Armed Forces in connection with military operations which are or have been taking place or are believed to be imminent*
  2. no formalities, they may be a minor, it may be written or oral will, does not need to be signed or witnessed and remains valid even when the testator has ceased to be a member of one of the three privileged groups.

*note: a privileged minor (who is unmarried) cannot dispose by will of a fee simple interest in land.

37
Q

Reg land
If there is an unregistered mortgage on the prop, and the new buyer knows about it and buys the prop anyway, will the mortagee be able to exercise their power of sale when the seller stops paying the mortgage?

A

No
The new buyer takes the prop free from any interests or claims that are not registered in LR as the buyer purchased the land for valuable consideration (BFP) and completed all registration formalities
It does not matter that the buyer knew about it - because the mortgage was not registered!

Mortgages are not overriding interests

38
Q

Pre 1996
1. Is original LL liable to T for cov in the lease after selling his prop to a new LL?
2. What should old LL do to mitigate any consequences?

A
  1. Yes due to privity of contract
  2. Ask new LL to provide old LL with an express indemnity against any future breaches of the lease cov

Sucks to be before 1996, so:
1- yes
2- Express indemnity

39
Q

Post 1996
1. Is original LL liable to T for cov in the lease after selling his prop to a new LL?
2. What should old LL do to mitigate any consequences?

A
  1. Yes, due to privity of contract
  2. Old LL should serve notice on T seeking to be released from his cov
40
Q

Pre 1996
1. Is main T liable to LL for the breach of cov by sub-t?
2. if LL successfully claims against main T for sub-t’s breach of cov, can main T recover losses from sub-t?

A
  1. yes, due to privity of contract
  2. yes, even if sub-t did not provide main-t with an express indemnity or even if sub-t did not have a guarantor. this is cus indemnity will be implied through common law so main-t can seek reimbursement from sub-t.
41
Q
  1. Does the tenant have to be in occupation to benefit from the LTA provisions?
  2. Under LTA, does the lease come to an end at the end of its contractual term?
  3. Once the lease is terminated, does T have a right to a new tenancy?
A
  1. Yes, if they vacate before the expiry of the lease then LTA will not apply. For LTA to apply, they must move back into occupation before the expiry of their lease term.
  2. No. It continues on the same terms until (i) LL or T takes necessary steps to terminate and renew the lease or (ii) terminate without renewing the lease.
  3. Yes, at the market rate. LL can only object to this if LL is able to prove certain grounds.
42
Q

Youth
reparation order

A

designed to confront the offender with the consequences of their offending behaviour and can only be imposed for an imprisonable offence. The order requires the young person to undertake unpaid work for the victim(s) of their crime or for the wider community

43
Q

Youth
Youth Rehabilitation Order (YRO)

A

a more comprehensive sentence that can include various requirements, like attending educational courses, curfews, or treatment for substance abuse. It’s generally used for a broader range of offences and aims at rehabilitating the youth rather than just focusing on the consequences of a specific offence.

44
Q

Youth
Detention and Training Orders

A

they involve a period of detention and are used for more serious offences. They combine detention with post-release supervision.

45
Q

Youth
Conditional Discharge

A

the offender is not punished immediately, provided they do not commit another offence within a set period.

46
Q

Youth
Referral Orders

A

typically given to first-time offenders and involve the young person working with a Youth Offender Panel to create a contract aimed at preventing future offending. While it does focus on rehabilitation, it doesn’t specifically require the offender to undertake work related to the harm caused or community benefit

47
Q

CGT exemption for executors/ administrators - what is it and when does it apply?

A

If there is more than 1 executor, then there will be 1 exemption combined.
The entitlement of the exemption is for the year of death + following 2 years (I.e, from deceased date of death). After that period, no tax free allowance on gains.

SQE1 - Trick Questions (17 decks)

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