Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

sqe > SQE flk2 > Flashcards

SQE flk2 Flashcards

1
Q

When can trustees remove a trustee living outside of the UK?

A

If they have been living outside the UK for more than 12 months. Must be in writing and must have a replacement trustee in place if under 18?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Accessorial liability in trusts?

A

A breach of trust, which the defendant assisted, the defendant acting dishonestly (the test for dishonesty being subjective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How long can a trustee delegate duties?

A

Up to 12 months must be in written notice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

TA 13 form? What does it contain?

A

Details of whereabouts the keys are for the property. An undertaking given by the sellers solicitors to redeem the mortgage with the bank and confirm the exact amount required to complete the purchase

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What form is used Reveal the adoption and maintenance of roads?

A

Enquiries of the local authority, CON 29

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Voluntary intoxication and basic intent?

A

Not available as a defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does a coal mining search reveal?

A

The search will confirm if the property is in a area where mining has taken place in the past, or is likely to take place in the future. Whether there are shafts on the property and the existence of underground workings, which may cause problems with subsidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a K 16 used for?

A

Bankruptcy search for individual borrower. There is no priority period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Formalities for signing the counterpart lease?

A

Must be done in the presence of an independent witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What will a local land charges LLC1 reveal.

A

Discloses, financial changes or restrictions on land that has been imposed by public authorities under statute.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Formula C?

A

Formula C is typically used for chains of related transactions. Each solicitor holds their own client’s signed parts of the contract and agrees to release the contracts for exchange for a specific period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Formula B?

A

Formula B is used where each solicitor holds their own client’s part of the contract.

Following the telephone call effecting exchange, each solicitor dates their part of the contract, inserts the agreed completion date and sends their client’s signed part of the contract to the other.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Formula A?

A

Formula A is used where one solicitor holds both parts of the contract, signed by the buyer and seller.

Following the telephone call effecting exchange, the solicitor holding both documents dates both parts of the contract, inserts the completion date (if not already inserted) and sends the part signed by their own client to the other solicitor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a K 15. Search used for?

A

Bankruptcy search against individuals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the k15 priority period?

A

15 working days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How does the SCPC deal with VAT on old commercial freehold property?

A

The transaction is exempt from VAT subject to the sellers option to tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What search would you use to find out about rights on common land?

A

Optional enquiries of local authority, CON29O

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the estate rate formula that is applicable to the total IHT bill on the non property instalment element?

A

After calculating and deducting all reliefs. The value of non-property assets minus the total inheritance tax after being calculated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How long is the OS1R priority period?

A

30 day working day ending at 12 noon. Will take free of any entry’s placed on the register at that time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

when is SDLT and VAT charged on a lease?

A

VAT is charged when the landlord has opted to tax will be 20%.
SLDT is paid on premium leases over £150,000 and will be 2% tax (will not include VAT element)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When can a forfeiture clause be used without waiting for court approval or 28 days to pass

A

On late payment of rent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How can a landlord contract out of the landlord and tenant act 1954 in a 18 month lease?

A

The client should give notice to the occupier warning then the lease is to be contracted out of the 1954 act. Then the occupier should make a declaration that he has received a notice and agrees and the lease for 18 months should be granted at least 14 days after the occupier received the notice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is ground F available to landlords to remove a tenant?

A

The landlord wants to occupy the property for its own business, or use, havi owned it for five years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is form PA1A used for?

A

Grant of probate if there’s not a will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is form PA1P

A

Apply for probate by post if there is will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

The role of a legal advisor?

A

To remind the magistrates of the evidence given in the courtroom.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the turnbull guidelines?

A

The witness picks out the defendant, informally. The witness identified that the defendant had a formal procedure. All the witness claim to recognise the defendant as someone previously known to him.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How can a tenant leave a lease that has security of the landlord and tenant act 1954, after the contract is finished?

A

The tenant should serve three months written under S 27.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a index map search used for?

A

To see if land is already registered or registration is pending order is a caution against first registration. Particularly used where there appears to be unregistered land where there is a mines and minerals reservation in the title. Form SIM is used.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a highways search used for?

A

To establish whether verges and pavements are publicly maintainable. Relevant where there appears to be land in private ownership, separating the property from the highway.

21
Q

When will a defendant be guilty of involuntary manslaughter?

A

When his actions are deliberate, dangerous and an unlawful act has caused the death.

22
Q

What form is used for a bankruptcy search against the seller?

A

K16

23
Q

How can a tenant leave a lease that has security of the landlord and tenant act 1954, after the contract is finished?

A

The tenant should serve three months written under S 27.

23
Q

What is a index map search used for?

A

To see if land is already registered or registration is pending order is a caution against first registration. Particularly used where there appears to be unregistered land where there is a mines and minerals reservation in the title. Form SIM is used.

23
Q

What is the purpose of a commons search?

A

To check that the property is not protected as a common land or a town and village green. Relevant where the property is adjacent to open land.

23
Q

What is the canal and river trust search used for?

A

To establish liability for maintenance of waterways banks and towpaths. Relevant, where the property is adjacent to a canal or river.

23
Q

What is a chancel repair search used for?

A

To identify potential liability to pay for repairs to the chancel of the church of England parish church. Relevant where the property is on registered or has been no disposal value or registered land since 13 October 2013.

23
Q

What is a environmental search used for and where is it done?

A

Identify contaminated land. Done on desktop.

23
Q

What is a local search used for?

A

To identify matters imposed by or known to the local authority. Are used in all transactions mostly.

23
Q

When are executors entitled to charge fees for undertaking the administration of the estate?

A

As long as it’s reasonable for the time spent on the work done. They must also be a trust Corporation or acting in professional capacity and all co-executors give their consent.

23
Q

What is section 27 of the trustee act 1925 and what does it protect against?

A

Claims from unknown creditors/beneficiaries. An advert must be placed in the London Gazette and in a local newspaper, and then the executors must wait two months before distributing the assets.

23
Q

What is the form DS1 used for?

A

To fully cancel the registered charge.

23
Q

What is the form DS3 used for?

A

Release part of the land that is subject to a registered charge.

23
Q

When can a prospective assignee rescind a contract when the landlord does not give permission to assign the lease in time? How long must they wait?

A

they must wait until six months have passed since the completion date.

23
Q

Where is a Benjamin order used?

A

It is used when you cannot find the listed beneficiary on a will. This protects the executors.

23
Q

How long does a defendant have to appeal a magistrates court decision?

A

21 days from the day after conviction. It will be sent to the High Court if there is a error in law or some other kind of oppression.

23
Q

How long does a Person have to submit a appeal in the crown court when convicted?

A

28 days from the date of conviction.

24
Q

How many years after death do you get CGT annual capital exemption?

A

Up to the 5th of April of the current running year. Then two more years after.

24
Q

What is the statutory legacy for civil partners and spouses?

A

£322,000 and half the balance

24
Q

How long after magistrates court hearing, should the plea and trial preparation, hearing to take place at the Crown Court?

A

20 business days

24
Q

What is the interest of justice test for criminal legal aid?

A
24
Q

The means test for legal aid criminal law?

A

They are on benefits. Otherwise they must have a annual disposable income of £3398 or less. For Crown Court trials if the disposable income is between 3389 and 37,500 they must make some contributions.

24
Q

Is the means test for civil legal aid?

A

Maximum capital of £8000 or £3000 for immigration cases. In receipt of benefits, they will automatically pass. If they are not in receipt - gross income must not exceed £2657 for the month. Since they must not have a disposable income of more than £733 this may be higher if they have more than five children. The capital is 3000 and they have more than £315 in disposable income monthly. They will have to make contributions in the form of months.

25
Q

What is the merits test for civil legal aid?

A

That the case has a greater than 50% chance of being successful, and that it is likely the claimant would pay for the case if they had the money to do so.

26
Q

Complete list test trusts?

A

to fulfill which it must be able to draw up a complete list of the beneficiaries

27
Q

Requirements for a charity trust?

A

For a charitable purpose
exclusively charitable
for the public benefit

28
Q

Rules against perpetuities?

A

Creating future interests which vest 21+ years such as for the rest of its life

29
Q

Formalities for a lifetime trust

A

Declaration of trust must be evidenced in writing in order to comply with section 53 of the LPA, 1925.

30
Q

The three certainties of trust

A

Certainty of intention – is it clear from the settlers words or conduct that a trust was intended? Certainty of subject matter – it is clear what property will be held on trust, and what the beneficial interest shares in that property will be? Certainty of objects – is it clear who the beneficiaries will be?

31
Q

When will a change not be covered by the GP DO?

A

When there’s a change in class.

32
Q

What is Required for a valid codicil?

A

The code is so must be in writing and signed by the testator in the joint presence of two witnesses, who must then witness the testators signature by signing the codicil whilst still in the testator’s presence.

33
Q

S30 grounds.

A-G

A

a)Tenants failure to repair

b)Tenant persistent delay in paying rent

c)Tenant substantial breach of other obligations

d)Landord has offered alternative accommodation (must be suitable to tenants needs and on reasonable terms

e)Tenancy is an under letting of part (rare)

f) landlord intends to demolish or reconstruct, and could not reasonably do so, without obtaining possession

g) landlord intends to occupy the holding for its own business, or as a residence

34
Q

Abetting

A

Encourage or to assist. Meeting of minds at some stage between the accomplice and principle.

35
Q

psychiatric harm liability?

A

GBH min

36
Q

When is a IHT400 Form not required on death?

A

Excepted estate.

Low value excepted estates

The value is below the current IHT threshold (NRB)
The estate is worth £650,000 or less and any unused NRB is being transferred from a spouse or civil partner
The assets in a single Trust are valued below £250,000

Exempt excepted estates

The deceased left everything to a spouse, civil partner, a charity, or community amateur sports club and the estate is worth less than £3 million

37
Q

Wheeldon v Burrows?

A

The case of Wheeldon v Burrows implies the grant of such continuous and apparent easements or such easements as are necessary to the reasonable enjoyment of the property conveyed and have in fact been enjoyed during the unity of ownership.

38
Q

Etridge?

A

The House of Lords held that for banks to have a valid security they must ensure that their customers have independent legal advice if they are in a couple where the loan will, based on constructive or actual knowledge (either suffices), be used solely for the benefit of one person.

39
Q

Burglary A and B?

A

Burglary.
(1)A person is guilty of burglary if—

(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or

(b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm F1… therein, and of doing unlawful damage to the building or anything therein.

40
Q

Strong vs Bird rule?

A

If a person is an executor of the estate and a debtor of the testator, they cannot, as executor of the estate, bring an action against themselves as debtor. This means that any debts owed by an executor are, under Common Law, unenforceable.

41
Q

Offences against the person 1861 malicious wounding s18 ?

A

Shooting or attempting to shoot, or wounding with intent to do grievous bodily harm.
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, . . . F1 with intent, . . . F1 to do some . . . F1 grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable . . . F2 to be kept in penal servitude for life . . . F3

For the Section 18 offence to have been committed, the defendant must be found to have intended to wound or to commit really serious harm. By contrast, for the Section 20 offence, the court only has to find that he or she intended or foresaw some harm resulting from the incident.

42
Q

Malicious wounding s20 offences against the person act?

A

Inflicting bodily injury, with or without weapon. E+W
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude . . . F1

43
Q

How long do the jury have to decide a verdict?

A

2 hours 10 min

44
Q

How many years after death can you change the variation of a will section 142 inheritance tax act, 1984?

A

2 years after death

45
Q

section 62 easements

A

On a transfer or lease, the transferee or tenant may, without an actual express grant, acquire easements affecting land retained by the transferor or landlord.

sqe (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions