SQE2 Orals Day 2 (Crim Adv & Probate Int) Flashcards

Question

Criminal: Exclusion of confession application. Under which grounds should the confession sought to be excluded? That it is unreliable owing to things said or done to render it unreliable, that it is due to ___________, and demonstrate causation from these to the confession.

Answer 1

Oppression

Answer 2

The evidence was obtained

Answer 3

General exclusion of evidence. NOTE: *NOT* application to exclude visual evidence.

Answer 4

such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 5

inadmissibility

Answer 6

Admissibility of hearsay evidence.

Answer 7

one of the exceptions apply

Answer 8

Agreement of the parties

Answer 9

The interest of justice

Answer 10

Within a business document.

Answer 11

Admissibility of Bad Character Evidence

Answer 12

Important explanatory

Answer 13

False impression given by the defendant

Answer 14

Attacks another's character.

Answer 15

To a matter in issue between the prosecution and defence

Answer 16

Real prospect of a custodial sentence.

Answer 17

One of the exceptions apply

Answer 18

Bail application.

Answer 19

Fail to surrender

Answer 20

Bail application

Answer 21

Commit further offences

Answer 22

Interfere with witnesses

Answer 23

Seriousness of offence

Answer 24

Complying with bail conditions

Answer 25

Of the evidence

Answer 26

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew.

Answer 27

Proportionate to the seriousness of the offence

Answer 28

Plea in mitigation

Answer 29

Aggravating and mitigating factors

Answer 30

Guilty plea

Answer 31

Prove the defendant's guilt and prove that all the elements of the offence are made out.

Answer 32

Prove an element of the offence

Answer 33

No case to answer

Answer 34

Unreliable that no reasonable court

Answer 35

12 months for one or more either way offences. 6 months for one or more summary offences.

Answer 36

Identify the court's discretion to exclude under s78 PACE, Identify other evidence there is to support prosecution, and argue for / against the strength of ID evidence within ADVOKATE.

Answer 37

Identify the court's discretion to exclude evidence under s78 PACE, and identify breaches of ID procedure.

Answer 38

Taking into account reasonable objections to appearance of others in the ID procedure, keeping witnesses away from the suspect before and during the procedure, keeping witnesses apart during the procedure, warning that the suspect may not appear at all.

Answer 39

That it is unreliable owing to things said or done to render it unreliable, that it is due to oppression, and demonstrate causation from these to the confession.

Answer 40

The court has discretion to exclude evidence in having regard for all the circumstances, including the circumstance of how the evidence was obtained, and that the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 41

There is an assumption of inadmissibility unless one of the exceptions apply: Under statute, by rule of law, by agreement of the parties, it's in the interest of justice, or for multiple hearsay if it is contained within a business document.

Answer 42

Not allowed UNLESS - all parties agree, it is adduced by the defendant, it is important explanatory evidence, it is relevant to a matter in issue between the prosecution and defence, it is an issue between co-defendants, it corrects a false impression given by the defendant, the defendant attacks another's character.

Answer 43

There is a general right to bail except where one of the exceptions apply AND there is a real prospect of a custodial sentence.

Answer 44

The exceptions to the right to bail are that - there are substantial grounds to fear the defendant would fail to surrender, would commit further offences on bail, interfere with witnesses, or otherwise obstruct justice.

Answer 45

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew. Conclude with why bail should / should not be granted.

Answer 46

That the sentence should be proportionate to the seriousness of the offence, the harm caused, the starting point and range of sentences available, aggravating and mitigating factors, whether the sentences should run concurrently, any guilty plea, and propose a sentence.

Answer 47

The test for a not guilty verdict is that the prosecution have failed to prove an element of the offence, or because the evidence is so manifestly unreliable that no reasonable court could convict on it.

Answer 48

That there was an abnormality of mental functioning that arose from a recognised medical condition, and this provides an explanation for the killing.

Answer 49

Diminished Responsibility.

Answer 50

The defendant, on the balance of probabilities.

Answer 51

Killing resulted from loss of control, that there was a qualifying trigger (a fear of serious violence or things said and done of an extremely grave character), a hypothetical person of the same age and sex might have reacted in the same way, and that sexual infidelity is not a trigger.

Answer 52

Loss of control

Answer 53

Sexual infidelity

Answer 54

The prosecution must prove the defendant did not lose control, beyond reasonable doubt.

Answer 55

That the defendant cause the death of another human being unlawfully and with the intention to kill or cause GBH.

Answer 56

When a person intentionally or recklessly causes another to apprehend the immediate application of unlawful force

Answer 57

When a person intentionally or recklessly applies unlawful force on another. The contact must be unwanted.

Answer 58

Where a case relies substantially on ID evidence, the judge must give a Turnbull warning. This is a special warning that witnesses can be convincing whilst still being mistaken. That the jury should consider the circumstances of the investigation, and that they should consider any weakness in the evidence according to ADVOKATE

Answer 59

Turnbull warning

Answer 60

That despite being convincing, witnesses can be mistaken. That the jury should consider the circumstances of the identification, and that they should consider any weakness in the evidence according to ADVOKATE

Answer 61

That despite being an either-way offence the magistrates court may not decline jurisdiction, but the defendant can still elect to have a trial in the crown court.

Answer 62

an either-way

Answer 63

may not decline

Answer 64

trial in the crown court

Answer 65

An indication of sentence. The judge may decline to offer, but if they do they are bound.

Answer 66

Statement given when someone was so emotionally overpowered that there exists little chance of concoction or distortion.

Answer 67

That it's admission would have an adverse effect on the fairness of the proceedings.

Answer 68

Not compellable, but is competent. However, CAN be compelled if the offence is against them or a child under 16.

Answer 69

Previous convictions, offence committed on bail, motivated by racial or religious hostility, motivated by victim's sexual orientation or disability.

Answer 70

racial or religious, sexual orientation

Answer 71

Whether the offence was premeditated, committed as part of a group, the victim was vulnerable, under the influence, position of trust, defendant was providing service to the public, use of a weapon.

Answer 72

premeditated

Answer 73

vulnerable

Answer 74

Offence was committed on impulse, the defendant acted out of fear, history of mental illness, played a relatively minor role in the crime, attempted to put things right, very young or very old.

Answer 75

on impulse

Answer 76

out of fear

Answer 77

put things right

Answer 78

young or very old

Answer 79

That the sentence must not be disproportionate to the overall seriousness of the offending behaviour.

Answer 80

The defendant's good character, work and home situation, remorse, rehabilitation and efforts to address the offending.

Answer 81

That the offence is so serious that neither a fine nor community service can be justified.

Answer 82

A trial over the disputed facts eg: I killed him but it was an accident owing to me setting fire to his home (rather than murder).

Answer 83

wrong in law

Answer 84

Only that the conviction is unsafe.

Answer 85

That evidence was admitted or excluded, a direction was wrongly given or omitted, the judge exhibited OBVIOUS bias, errors in summing up, or problems relating to the jury.

Answer 86

admitted or excluded

Answer 87

given or omitted

Answer 88

summing up

Answer 89

That the sentence was wrong in law, wrong in principle or manifestly excessive.

Answer 90

law, principle

Answer 91

manifestly excessive

Answer 92

The youth court can decide whether to retain the case or send to magistrates. In either case they will have the full range of adult sentencing powers.

Answer 93

Serious ones: Murder, attempted murder, manslaughter, violent or sexual crimes and firearm offences.

Answer 94

Offence punishable by 14 or more years imprisonment, and so the youth court may send it to the crown court.

Answer 95

Probation service, up to 240 hours in 12 months. Make restitution to victim, obey curfew etc

Answer 96

Youth sentence requiring the youth to spend the first half the sentence in custody.

Answer 97

For defendants ages 15-17, OR persistent offenders aged 12-14.

Answer 98

Intention to make a will, this specific will, the extent of property, normal gifts given to, sufficient capacity.

Answer 99

Force, Fear, Fraud, Undue influence

Answer 100

Undue Influence

Answer 101

In writing, signed by testator in presence of witnesses, signed by witnesses in presence of testator

Answer 102

The divorce means the will is still valid but will be treated as if the spouse had died.

Answer 103

Yes, but there is a constructive trust in favour of any beneficiary of the estate harmed by the change.

Answer 104

A failure of a gift due to it no longer being in the testator's estate upon death.

Answer 105

A lapse is where a beneficiary dies before the testator.

Answer 106

A gift but not specified such as 'A BMW car', rather than 'my BMW car'

Answer 107

Then the residue passes through the rules of intestacy.

Answer 108

It remains valid but the gift to the witness fails.

Answer 109

When the first of the class has their interested vested. When a class closes no further people are added, but those in the class still benefit.

Answer 110

Everything.

Answer 111

All chattels, £322k (if they had that much), plus half the estate (the issue inherit the other half)

Answer 112

Children, their children and so on, parents, siblings,

Answer 113

Parents, brother / siblings, half brothers / sisters, grandparents, aunts / uncles, the crown.

Answer 114

Any jointly held property / bank accounts, life insurance, trust funds.

Answer 115

Administrators

Answer 116

Executors handle wills, Administrators handle Intestacies.

Answer 117

Renounce grant of probate must be filed at the probate registry.

Answer 118

Power reserved.

Answer 119

Chancery division of the High Court

Answer 120

Obtaining £5k from national savings bank, or selling chattels.

Answer 121

When there is a valid will but no living executors.

Answer 122

Trustee of residuary, then any other beneficiaries. Note: Grant of letters with will annexed is where there are no surviving executors that were named in the will.

Answer 123

Where there is no will.

Answer 124

Spouse, children, parents, siblings, grandparents.

Answer 125

Potential PR request bank releases funds to HMRC, or apply for a loan (by showing death certificate).

Answer 126

Two copies of the will, the death certificate, Tax form showing IHT paid / not paid, court fee.

Answer 127

Two copies of the will

Answer 128

The death certificate

Answer 129

Tax form showing IHT paid / not paid

Answer 130

When there is no attestation clause is not contained within a will.

Answer 131

Lodge a caveat at the probate registry, which puts administration on hold for 6 months. It may need the court to make an order.

Answer 132

Apply to the probate registry for a citation to accept or refuse a grant.

Answer 133

6 months, 12 months

Answer 134

The beneficiaries

Answer 135

That they used reasonable, care and skill, taking into account any specialist knowledge.

Answer 136

They are not liable unless they were negligent in preventing another's breach.

Answer 137

Appoint a trustee to do so.

Answer 138

They are liable for breaches by the agent only if the PR failed to use reasonable care in appointing the agent.

Answer 139

They can't unless a will says they can.

Answer 140

That it is for their maintenance, education or benefit.

Answer 141

London Gazette, Local paper, trade paper

Answer 142

Paying the amount to the court, indemnity from beneficiaries, purchase insurance, or a Benjamin order

Answer 143

Paying the amount to the court

Answer 144

Indemnity from beneficiaries

Answer 145

Purchase insurance

Answer 146

A Benjamin order

Answer 147

Secured debts, then unsecured debts:- funeral costs, preferred debts eg wages for prior 4 months (£800 max), ordinary debts ie HMRC, Interest, deferred debts (from deceased spouse.

Answer 148

Preferred debts eg wages for prior 4 months (max £800)

Answer 149

No, it's an all or nothing variation.

Answer 150

Via an assent in writing, and beneficiaries need to register at HMLR

Answer 151

That they acted honestly, reasonably and ought fairly to be excused.

Answer 152

Spouse, former spouse not remarried, child (or person treated as a child of the family), person being maintained by the deceased, person living with the deceased for the last two years.

Answer 153

What is reasonable in all the circumstances.

Answer 154

Such as is required for maintenance so they can live decently and comfortably according to their situation.

Answer 155

The donor must sign a stock transfer form which must then be registered with the company.

Answer 156

Must have completed the transfer but not yet registered the transfer with HMLR / Company (for shares)

Answer 157

The transfer is complete in law and the trust is enforceable (This is the rule in Strong v Bird).

Answer 158

Must be aware of imminent death, it be conditional upon death, and dies.

Answer 159

Half secret is "for the purposes I have conveyed to him" whereas a fully secret trust looks like a gift to the trustee.

Answer 160

Loco parentis

Answer 161

That it belongs entirely to one person, unless the other party can establish that the intention was for them to hold it on trust for them both.

Answer 162

That they hold as joint tenants, and the beneficial interest is also as joint tenants.

Answer 163

It will be deemed conclusive as to the intentions, in the absence of proof, fraud or mistake.

Answer 164

The entire course of conduct between the parties. Particularly whether there are children of the relationship needing to be homed, the way in which the parties arranged their finances (particularly joint or separate bank account), and the way they paid bills and outgoings in relation to the property.

Answer 165

Children of the relationship

Answer 166

Arranged their finances (particularly joint or separate bank account

Answer 167

Bills and outgoings in relation to the property.

Answer 168

A claim demonstrating the other party gave an assurance which they relied on to their detriment.

Answer 169

Gave an assurance

Answer 170

The claimant must show that there were actual discussions between the parties which led to this belief.

Answer 171

Need to look for evidence of general charitable intention, to be able to give it 'Cy-pres' to another charity.

Answer 172

Between 2 and 4.

Answer 173

For their maintenance, benefit or education.

Answer 174

In a current account the 'first in, first out' principle applies, whereas in savings the court will divide the money proportionately.

Answer 175

1. Remind the court prosecution must prove beyond reasonable doubt it's not unreliable

Answer 176

2. Remind the court if they cannot, then the confession MUST be excluded under S76 PACE

Answer 177

3. Remind court it's a matter in issue between prosecution and defence and so is admissible,

Answer 178

4. Should be excluded due to 'things said or done' or oppression,

Answer 179

5. Demonstrate things said or done or oppression are the cause of the confession.

Answer 180

The court can has discretion to exclude evidence in having regard for all the circumstances, including the circumstance of how the evidence was obtained, and that the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 181

all the circumstances

Answer 182

1. Identify single or multiple hearsay 2. If single, is it admitted via statute, rule of law, agreement of parties or interests of justice 3. If multiple, is it admitted via business document, inconsistent statement, by agreement, or because the value is so high it's in the interests of justice 4. Apply the test from the relevant exception.

Answer 183

1. Identify single or multiple hearsay

Answer 184

2. If single, is it admitted via statute, rule of law, agreement of parties or interests of justice

Answer 185

3. If multiple, is it admitted via business document, inconsistent statement, by agreement, or because the value is so high it's in the interests of justice

Answer 186

4. Apply the test from the relevant exception.

Answer 187

1. Is it evidence of misconduct, commission of offences, or other reprehensible behaviour OUTSIDE the facts of the case? If yes it is inadmissible unless... 2. Choose appropriate of 7 gateways, 3. If chosen 'important matter in issue between...' or 'the defendant attacked another's character' AND it appears to the court that admitting the evidence would have such an adverse affect on the fairness of proceedings that they ought not to include, then they MUST not.

Answer 188

commission of

Answer 189

appropriate of 7 gateways,

Answer 190

'important matter in issue between...' 'the defendant attacked another's character'

Answer 191

admitting the evidence would have such an adverse affect on the fairness of proceedings that they ought not to include, then they MUST not.

Answer 192

1. Remind the court of the Defendant's right to bail EXCEPT if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence. 2. Consider whether any exceptions apply (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice). 3. Review factors (nature & seriousness, character, record of compliance, strength of evidence) 4. Consider mitigation - offer suggestions (residence, reporting, exclusion, non-contact, tag, curfew) 5. Conclude why bail should / should not be granted.

Answer 193

That there is a right to bail EXCEPT for if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence.

Answer 194

of the Defendant's right to bail EXCEPT if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence.

Answer 195

any exceptions apply (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice).

Answer 196

(nature & seriousness, character, record of compliance, strength of evidence)

Answer 197

offer suggestions (residence, reporting, exclusion, non-contact, tag, curfew)

Answer 198

why bail should / should not be granted.

Answer 199

REF MC Right to bail, Exceptions, Factors, Mitigation, Conclude Think - the referee (REF) decides about bail.

Answer 200

Right to bail (remind the court of the general right to bail)

Answer 201

Exceptions to the right to bail (if any) (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice)

Answer 202

Factors considered Nature & seriousness, character, record of compliance, strength of evidence

Answer 203

Mitigation - what can be offered residence, reporting, exclusion, non-contact, tag, curfew

Answer 204

Conclude (as to why bail should / shouldn't be granted

Answer 205

1. Remind court that sentence must be proportionate to the seriousness, culpability, harm caused. 2. Starting point for sentence, range of sentencing 3. Aggravating and mitigating factors relating to the OFFENCE 4. If multiple - why concurrent? 5. Mitigating factors relating to OFFENDER 6. Remind court of credit for guilty plea 7. Propose a sentence

Answer 206

sentence must be proportionate to the seriousness, culpability, harm caused.

Answer 207

point for sentence, range of sentencing

Answer 208

Aggravating and mitigating factors relating to the OFFENCE

Answer 209

why concurrent?

Answer 210

Mitigating factors

Answer 211

credit for guilty plea

Answer 212

Propose a sentence

Answer 213

That the Magistrate's Sentencing powers are adequate and sufficient, and should therefore accept jurisdiction.

Answer 214

General legacy eg a BMW car Specific legacy eg MY BMW car / a golden ring Pecuniary legacy - an amount of money Plus, these can be Demonstrative - eg £1000 from my HSBC bank

Answer 215

An item - doesn't have to be in the testator estate - eg: a BMW car.

Answer 216

A specified item - *MY* BMW car / golden wedding ring.

Answer 217

A gift for a certain amount of money.

Answer 218

Most common in intestacy cases. Where the last surviving or sole executor or administrator dies before being able to complete administration of the estate. This person must have also not had a will. Otherwise this person's PR would take over automatically. It means a second grant of letters would need to be made so that the estate can be administered. Order of entitlement - Surviving spouse, children, parents, siblings and grandparents.

Answer 219

Because normally the PR's PR would take over.

Answer 220

At 40%, except to spouse, jointly owned things, less £325k personal allowance, £175k residence relief, most wedding gifts, any gifts of £250 or less, less a £3000 annual exemption.

Answer 221

Don't need to count it in the calculation as it is usually paid at the time - lifetime gifts.

Answer 222

7 year duration. First 3 years at 100%, 20% less counts each year. After 3 years 80% After 4 years 60% After 5 years 40% After 6 years 20% After 7 years 0%

Answer 223

£24,000. The 'full' amount would be £40,000 (£100,000 x 40%) We use the £40,000 from the above and x60% (because it's 4 years) 60% of £40,000 is £24,000

Answer 224

£20,000. The 'full amount would be £100,000 (£250,000 x 40%) We use the £100,000 from the above and x20% (because it's after 6 years) 20% of £100,000 is £20,000

Answer 225

100% relief applied if the donor transfers a sole trade business or partnership interest, 50% if it's shares in a quoted trading company if they hold more than 50% of the company's voting shares. The relief is only available if the business is trading, and NOT if merely investing. Note: Donor must have owned the business property for at least 2 years.

Answer 226

100% exemption when transferring agricultural property during life or at death. Must have been held for at least 2 years. If the beneficiary is a tenant of the donor, then at least 7 years.

Answer 227

If over 10% of their estate goes to charity then IHT reduces from 40% to 36%.

Answer 228

For estates over £2M, the residence NRB is tapered away at the rate of £1 for every £2 over.

Answer 229

It's where an item has already been subject to IHT in the past 5 years. It tapers from 100% payable 5 years ago, to 0% payable within the last year. Works on 20% decrease each year.

Answer 230

6 months from the end of the month in which the person died.

Answer 231

It will fall into the residuary. Note: It will not pass on to the brother's children.

Answer 232

In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely on, if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. S78 PACE

Answer 233

That serious injury was a virtual certainty of the Defendant’s actions (objective test), and that the Defendant appreciated that there was (subjective test).

Answer 234

The estate is held on trust for the child, contingent upon them attaining the age of 18. However, if the child predeceases the testator before contingency is fulfilled the testator's estate passes to his sibling.

Answer 235

Ordinarily the estate would go to the child on trust, but if the child predeceases the testator before contingency is fulfilled the testator's estate passes to his sibling.

Answer 236

The estate is divided 'per stipes' between their cousins (and the children of any cousins that pre-deceased them). The step-daughter receives nothing.

Answer 237

21 days (but note, 15 working days)

Answer 238

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew.

Answer 239

to a police station

Answer 240

from an area

Answer 241

an individual

Answer 242

That it is inadmissible unless one of the exceptions apply.

Answer 243

That it is inadmissible unless one of the exceptions apply.

Answer 244

None. They may not have seen any.

Answer 245

Nature of application Which party represented Brief summary State powers court has Legal test - limb by limb Summary Request order

Answer 246

Judge, I am A Solicitor and I act on behalf of [client] in this application for [order]. You should have before you the following documents [list them] If it please the court I will give a brief outline as to background of the case.

Answer 247

Names Addresses - properties involved Email addresses Telephone numbers

Answer 248

D - Death certificate C - Claims / claimants F - Family Tree A - Assets W - Will (is there one)

Answer 249

Death certificate

Answer 250

Claims / claimants

Answer 251

Family Tree

Answer 252

Will (is there one)

Answer 253

Death certificate Copy of the will Details of any assets

Answer 254

Circumstances of the death.

Answer 255

Whether there was any hint of lack of capacity.

Answer 256

Any spouse Anyone they lived with Any pre deceased spouse? Children

Answer 257

Contents Who was left what to who? Was it a valid will?

Answer 258

The extent of the estate How did the deceased own it (jointly or some other way?) Value Existence of any paperwork

Answer 259

Any potential claimants Whether deceased was maintaining anyone Anybody not provided for? Anybody they lived with

Answer 260

Any jointly held assets - property, bank accounts Trust assets (dealt with separately according to trust rules) Life insurance policies Death in service policies Note: Joint assets do NOT escape IHT though.

Answer 261

Where the validity of the will is called into question, rather than someone isn't happy with it.

Answer 262

Inheritance (Provision for family and dependents) Act 1975.

Answer 263

1. Create probate value as total 2. Reduce by any debt & funeral costs 3. Apply exemptions eg spouse, charity 4. Any other reliefs available? 5. NRB of deceased spouse 6. Gifts within last 7 years 7. Tax remainder.

Answer 264

probate value as total

Answer 265

by any debt & funeral costs

Answer 266

exemptions eg spouse, charity

Answer 267

other reliefs available?

Answer 268

of deceased spouse

Answer 269

within last 7 years

Answer 270

Tax remainder at 40%

Answer 271

When it's not being inherited by a close family member.

Answer 272

CLT is paid at the time of the transfer PET - potentially exempt transfer will depend.

Answer 273

6 months from the end of the month deceased.

Answer 274

The residuary as default, unless stated otherwise.

Answer 275

The person who receives the property.

Answer 276

Advise on co-ownership methods.

Answer 277

Investigate title.

Answer 278

Charges register

Answer 279

Whether there have been any changes in name.

Answer 280

Indicative redemption figure

Answer 281

Title plan

Answer 282

Draft contract in duplicate Property Information form Fittings and Contents form Copy of seller's title (unregistered needs 15 years) Copy of title plan Any guarantees or planning permissions.

Answer 283

To wilfully hide patent defects

Answer 284

Buyer beware - buyer buys without notice of any PATENT defects, so should always return to the property to examine.

Answer 285

Draft contract with lease annexed Seller's freehold title PIF (Property Information Form) Replies to standard enquiries - boundaries, disputes, services supplied to the flat.

Answer 286

Copy of planning permission and building regs consent Agreements with LA / Water company relating to roads, street lights, drainage etc New building warranty (for up to 10 years total) Service charge budget Management company details for common areas.

Answer 287

They are indemnified.

Answer 288

20 working days after exchange.

Answer 289

When there has been an event that SHOULD have provided for first registration, but didn't.

Answer 290

Charges eg mortgages Positive covenants eg to maintain a fence Restrictive covenants eg not to change property type Burdens / encumbrances that other property has over this property.

Answer 291

Address Title plan (boundary etc) Rights the property has over any other property

Answer 292

Name of current holder of estate (ie freehold / leasehold) Restrictions - eg preventing the granting of a lease. Class of title - eg absolute freehold

Answer 293

15 years root of title, with nothing that casts doubt on it.

Answer 294

Client The property in question Solicitors for the other side Estate agents Bank / mortgage

Answer 295

Address Freehold / leasehold How long have you been there? How was it purchased? Purchased with anybody else? Valid EPC?

Answer 296

Address Freehold / leasehold Buying with anybody else? Any related sale / purchase

Answer 297

Whether buying with a mortgage If so with who? Amount on mortgage / remaining on mortgage How any other funds being obtained Mortgage account number Any related sale / purchase

Answer 298

How long is the lease Management company details Service charges Insurance Details of communal areas

Answer 299

Whether they would still buy or sell, if....

Answer 300

Restrictions on planning consent

Answer 301

Drainage and water search Environmental search

Answer 302

Index map search.

Answer 303

Chancel liability search

Answer 304

Company search (checking for liquidation / winding up proceedings)

Answer 305

A bankruptcy search.

Answer 306

Small extensions, porches, conservation areas, porches, conservatories, putting up fences.

Answer 307

Express permission.

Answer 308

12 months in Wales, 10 years from completion of the work in England.

Answer 309

10 years of the breach.

Answer 310

Last 3 years service charges Details of any sinking fund Insurance policy Any upcoming changes / costs

Answer 311

Raise enquiry of solicitors Check records at HMLR - INDEX MAP SEARCH Check whether land has its own number Enquire about what its used for

Answer 312

That the land must have been used WITHOUT permission, EXCLUSIVELY with intention to possess, and have actual possession.

Answer 313

What are they, what do they relate to? If sewerage pipe - where, need to know so as not to dig into it. Is there any contribution towards maintenance? Is it in a good state of repair? Is the seller prepared to sort any disrepair? Is it an informal easement that needs to be made formal? Will there be any cost implications to formalising a necessary easement?

Answer 314

That they register it before purchase. Whether they would include it in the sale.

Answer 315

Ask the seller to seek retrospective planning permission.

Answer 316

Seek retrospective planning permission.

Answer 317

Ascertain whether they would still go ahead with the purchase Advise that they themselves would be liable Ask if they could do without a particular purpose the permission was needed for Would they pull down the part that planning permission was not obtained for? They could ask for a reduction in price.

Answer 318

They will withdraw the case from the jury and enter an acquittal.

Answer 319

Mistaken witness can be convincing Even several witnesses can be mistaken Jury should consider circumstances of the identification The weaknesses of the witnesses identification

Answer 320

can be convincing

Answer 321

several witnesses

Answer 322

circumstances of the identification

Answer 323

witnesses identification

Answer 324

Putting forward new facts at trial not mentioned when charged Failure to give evidence at trial Failure to account for object, substance or mark found on D’s person clothing or footwear upon arrest. Failure to account for presence at crime scene

Answer 325

not mentioned when charged

Answer 326

object, substance or mark found on D’s person

Answer 327

presence at crime scene

Answer 328

Statute (witness unavailable / dead / is confession Rule of Law (Res Gestae, multiple hearsay) Agreement Interest of justice (importance / other evidence available / difficulty in challenging statement / reliability)

Answer 329

witness unavailable / dead / is confession/

Answer 330

Res Gestae, multiple hearsay

Answer 331

importance / other evidence available / difficulty in challenging statement / reliability

Answer 332

Any evidence that is in part adverse to the person who made it.

Answer 333

In Crown the viability of any such evidence will be consider in private without the jury present as decision makers. In Mags they must 'put it from their minds'.

Answer 334

The court has discretion to exclude any evidence offered by the prosecution if it appears, considering all the circumstances, that to admit it (the confession) would have an adverse effect on the fairness of proceedings [PACE s78]

Answer 335

A confession.

Answer 336

Where the police have breached duties under PACE such as illegal searches or improper ID procedures.

Answer 337

Significant and substantial, and have rendered the evidence unreliable.

Answer 338

Propensity and Credibility

Answer 339

That the D shows a lack of disposition towards misconduct, commission of offences, or other reprehensible behaviour.

Answer 340

Lack of criminal record Extensive voluntary work Public service

Answer 341

criminal record

Answer 342

voluntary work

Answer 343

Public service

Answer 344

An assertion that this is a person of good character who is likely to commit this offence.

Answer 345

That someone is more likely to be credible when asserting their innocence.

Answer 346

After the prosecution have set out their case, witnesses, and cross examination of prosecution witnesses. In short, when it's the Defence's first control of proceedings.

Answer 347

Cross examination only.

Answer 348

In Crown Prosecution then Defence, then the judge sums up. In Mags only the Defence make a closing speech.

Answer 349

Neither compellable or competent for prosecution Competent but not compellable for Defence Note: a failure to give evidence could give rise to adverse inference

Answer 350

Competent but not compellable for prosecution Competent and compellable for the defence

Answer 351

Neither competent nor compellable for prosecution Competent but not compellable for defence.

Answer 352

Screens Evidence via video link Wigs and gowns removed Pre-recorded testimony / in private

Answer 353

Yes, if it would be in the interests of justice.

Answer 354

Offence Offender

Answer 355

Relevant previous convictions Committed whilst D out on bail Motivated by racial or religious hostility Motivated by sexual orientation, trans identity or disability

Answer 356

Premeditation Committed in a group Vulnerable victim Under influence Offence involves a position of trust Offence against someone providing a service to the public Use of a weapon

Answer 357

Committed on impulse D acted out of fear D has disability of mental illness D played minor role in the crime D attempted to make reparation with victim D is very young or very old

Answer 358

trans identity or disability

Answer 359

previous convictions

Answer 360

D out on bail

Answer 361

racial or religious hostility

Answer 362

Premeditation

Answer 363

in a group

Answer 364

Vulnerable

Answer 365

position of trust

Answer 366

service to the public

Answer 367

Use of a weapon

Answer 368

on impulse

Answer 369

out of fear

Answer 370

mental illness

Answer 371

minor role in the crime

Answer 372

make reparation with victim

Answer 373

young or very old

Answer 374

That the sentence must not be disproportionate to the overall seriousness of the offending behaviour.

Answer 375

Give an outline of facts of case.

Answer 376

To offer a plea in mitigation

Answer 377

D's age D's health Good character Work and home situation Progress since offence committed Remorse

Answer 378

Work and home

Answer 379

That a custodial sentence should not be imposed unless the offence is so serious that neither a fine nor a community order is justified.

Answer 380

A suspended sentence.

Answer 381

Unpaid work Rehabilitation Programmes eg Anger management Curfew Exclusion from area Residence Mental health treatment Drug programme.

Answer 382

D retains credit for guilty plea.

Answer 383

D loses credit for guilty plea.

Answer 384

Conviction or sentence

Answer 385

The Crown only, not the Magistrates.

Answer 386

15 business days / 21 days

Answer 387

That the decision is wrong in law, or in excess of jurisdiction Typically that the law was misunderstood or misapplied, that there was a mistake of admissibility of evidence, or heard a case outside of jurisdiction.

Answer 388

Ask for leave to appeal within 28 days.

Answer 389

That the conviction was unsafe

Answer 390

Evidence wrongly admitted / excluded Direction wrongly given / omitted Conduct of trial judge demonstrated OBVIOUS bias Wrongful exercise of discretion Errors in summing up Problems relating to the jury

Answer 391

admitted / excluded

Answer 392

given / omitted

Answer 393

OBVIOUS bias

Answer 394

of discretion

Answer 395

summing up

Answer 396

Quashed conviction Order acquittal or retrial Find guilty of some offences but not others Find guilty of alternative offences

Answer 397

acquittal or retrial

Answer 398

of some offences but not others

Answer 399

Find guilty of

Answer 400

Wrong in law Wrong in principle Manifestly excessive

Answer 401

Manifestly

Answer 402

Crown's sentence is quashed, and replaced with ANY sentence the CoA feels appropriate Cannot increase sentence imposed by Crown Any new sentence deemed imposed at original start date Attorney General can refer a case if felt that sentence was too lenient.

Answer 403

ANY sentence the CoA feels appropriate

Answer 404

increase sentence

Answer 405

original start date

Answer 406

felt that sentence was too lenient.

Answer 407

CoA or Supreme court must grant leave Must be on a point of law Must be of wider public interest

Answer 408

grant leave

Answer 409

point of law

Answer 410

wider public interest

Answer 411

Any decision by a jury. They can however appeal on rulings made by the judge during the trial.

Answer 412

Youth court may elect to retain the case OR remit to Mags. In either event the full range of adult sentencing becomes available upon conviction.

Answer 413

One punishable by 14 years imprisonment or more.

Answer 414

Send to Crown.

Answer 415

Prevent reoffended / rehabilitation, as opposed to punishment.

Answer 416

Whichever the adult is at.

Answer 417

The lowest sentencing rung of youth court. A youth offender is sent to the Youth Offender panel who meet youth and family and agree a contract of conduct for 3-12 months.

Answer 418

3-12 months.

Answer 419

Upon guilty plea to FIRST imprisonable offence, and a prison sentence is not on the cards.

Answer 420

If D pleads guilty to some but not all offences, OR, they've previously had a referral order.

Answer 421

Where the D pleads not guilty, but then goes on to be convicted.

Answer 422

Referral order (lowest) Youth rehabilitation order Detention and training order (highest)

Answer 423

Similar to community service:- Unpaid work up to 240 hours in 12 months. Make restitution to victim Obey a curfew etc

Answer 424

10-11, not available 12-14, only if persistent offender (3+ imprisonable offences) 15-17, can be used whenever a court determined that only a custodial sentence is justified

Answer 425

not available

Answer 426

persistent offender (3+ imprisonable offences)

Answer 427

only a custodial sentence is justified

Answer 428

First half in custody, second half reporting to youth offending team (community service etc)

Answer 429

Up to 2 years. Often expressed as a matter of months eg 6,8,12,18

Answer 430

There is no set limit but if after a significant period the marriage has not occurred it may be argued that the will was no longer made in contemplation of such marriage.

Answer 431

The court can set a new lease, to a maximum term of 15 years.

Answer 432

That the person has mental capacity to make A will, but also THIS particular will. Must have an awareness of what sorts of things are given in a will, and also some understanding of their estate.

Answer 433

A will must be in writing, signed by the testator (or someone in their presence and at their direction), and acknowledged or signed in the presence of two or more witnesses. These witnesses must also sign the will in the testator's presence.

Answer 434

No, only in the presence of the testator.

Answer 435

Yes, but they can have someone do it for them under their direction.

Answer 436

It is presumed. Any challenge to this needs to be shown by the person making the challenge.

Answer 437

Use the attestation clause to detail how the will was formed, read and understood by the testator.

Answer 438

It's not mandatory but very helpful.

Answer 439

The solicitor should refuse, unless the testator took independent legal advice.

Answer 440

Force Fear Fraud Undue influence

Answer 441

More than mere persuasion overpowered the testators volition.

Answer 442

It will be dealt with via the intestacy rules.

Answer 443

It can be, but best to check the attestation clause.

Answer 444

Traditionally it is, but it's not essential.

Answer 445

Only if directed to do so.

Answer 446

Signed by the testator in our presence and then by us in his / hers.

Answer 447

Evidence must be offered as to how the will came to be executed.

Answer 448

Only if it exists at the time of the date of the will.

Answer 449

By using the same witnessing requirements as before. Or, can be via a codicil, which is a separate document referring to a will.

Answer 450

Any time before death.

Answer 451

It is revoked entirely, unless written in anticipation of the marriage to a named individual.

Answer 452

The former spouse is treated as if died, but the rest of the will remains as written.

Answer 453

No, it can be under their instruction, in their presence.

Answer 454

Nothing. For revocation to be effective the testator must additionally intend to destroy the will.

Answer 455

Yes, unless evidence can be shown to the contrary.

Answer 456

It *might* be given effect.

Answer 457

Yes, but a constructive trust will arise in favour of any beneficiaries harmed by the change.

Answer 458

Immediately on death. This is important because it refers to the financial situation of the testator at that precise point.

Answer 459

A BMW car will need to be purchased (if funds suffice)

Answer 460

Everything in the jewellery collection at the precise time of death.

Answer 461

No, that means the car at the time of making the will. This is an exception to the general rule that property is considered at the precise time of death.

Answer 462

The gift fails because the item is no longer available

Answer 463

All of them, depending on the wording, because it is at the time of death.

Answer 464

Those will adeem as they are no longer the specific gift intended.

Answer 465

A gift of cash

Answer 466

Where the will states where the money comes from eg: the cash in my HSBC account.

Answer 467

specific, general and pecuniary gifts are distributed Admin costs and any debts are settled.

Answer 468

It will lapse.

Answer 469

Lapse is where the beneficiary died before the gift was given. Adeem is where the gift in the will is no longer in the testator's estate.

Answer 470

Placing a name in the will to take an item / residuary if the first choice fails to survive the testator.

Answer 471

It will fall into the residuary.

Answer 472

It passes through the laws of intestacy. However, this will mean a grant of letters with will annexed, because a will existed, rather than a grant of letters.

Answer 473

Where if two people die at the same time, the younger is deemed to have survived the elder.

Answer 474

They will automatically pass on to the next generation (in equal shares if more than one) if they pre-decease the testator.

Answer 475

The moment any member of the class satisfies the condition. The interests VESTS and is no longer contingent.

Answer 476

They will share the gift equally, contingent upon them reaching that age.

Answer 477

Where there's no will Where a residuary is missing, or fails

Answer 478

That under intestacy they must survive the deceased by 28 days in order to benefit. It is to save the PR having to administer the estate twice.

Answer 479

The next in line of the first to die, rather than the next in line of the spouse.

Answer 480

Spouse takes all tangible moveable property (chattels) £322k Half the remaining property Children split the rest, contingent upon reaching 18. If child pre-deceases then own children can substitute Surviving spouse can require the matrimonial home transferred to them in satisfaction of their share.

Answer 481

tangible moveable property (chattels)

Answer 482

Half the remaining property

Answer 483

split the rest (ie the other half)

Answer 484

own children can substitute

Answer 485

the matrimonial home transferred to them in satisfaction of their share.

Answer 486

Children Parents Full siblings Half siblings Grandparents Uncles / Aunts The crown

Answer 487

Adopted children are, step children are not.

Answer 488

Half siblings

Answer 489

Grandparents

Answer 490

Survivorship still applies, meaning that any joint property will still go to the other joint tenant.

Answer 491

They pass outside of the will or intestacy, and go to the person named in the policy.

Answer 492

Separately. The beneficiary will be named in the policy.

Answer 493

Completely separately, and to a named person in the trust document.

Answer 494

The appointment will be ineffective because they will be treated as if they had died (as far as the will is concerned).

Answer 495

Any dealing with property Paying debts Continuing the deceased's business Anything that could alter the value of the estate

Answer 496

Have 'power reserved'

Answer 497

Notifying the probate registry.

Answer 498

No, it's an all or nothing position.

Answer 499

Where there is a dispute as to whether the will is valid. NOT that someone is making a claim against a valid will.

Answer 500

From national savings, premium bongs or building society, but this is at their discretion.

Answer 501

A death certificate

Answer 502

Probate registry.

Answer 503

Executor - if there's a will Administrator - if there's no will

Answer 504

The executor(s)

Answer 505

Then someone will need to apply for a grant of letters of administration with will annexed.

Answer 506

When there are no surviving executors

Answer 507

Grant of letters with will annexed.

Answer 508

It will be via letters of administration with will annexed. The parts of the will which remain valid will be distributed in accordance with the will, and any remaining parts will be dealt with according to the rules of intestacy.

Answer 509

1. The beneficiaries of the residuary estate 2. Creditors of the deceased 3. The beneficiary of any other legacy

Answer 510

beneficiaries of the residuary estate

Answer 511

of any other legacy

Answer 512

Prescription is relevant as to a right over the property and can be gained after 20 years with no challenge, secrecy or permission. Adverse possession is to do with the ownership of the land, requiring 12 years (unregistered) or 10 years (registered).

Answer 513

A grant de bonis non (second grant of letters) will be made using the preferential list (beneficiaries, creditors, legacy beneficiary)

Answer 514

Then that executor will take over, in a chain representation situation.

Answer 515

Only if they're one of several PR's. Their parents serve, with power reserved until the minor is 18.

Answer 516

Inheritance tax.

Answer 517

They can request funds are released from a deceaseds bank account to go directly to HMRC. This would count as inter-meddling.

Answer 518

They can request a release of the deceased's bank funds.

Answer 519

Loans from beneficiaries Sell estate assets by providing death certificate.

Answer 520

Copy of will (x2) Any codicils Affidavits / statement of truth Court fee.

Answer 521

Copy of will

Answer 522

Affidavits

Answer 523

Application form Will Any codicils Proof of identity

Answer 524

Application

Answer 525

Affidavit of execution or statement of truth, from a witness, OR, someone else present (as a backup).

Answer 526

An affidavit or statement of truth.

Answer 527

Lodge a caveat at the probate registry.

Answer 528

It puts it on hold for up to 6 months. If unresolved in that time then a court application becomes necessary.

Answer 529

Ask the probate registry to issue a citation to accept or refuse a grant.

Answer 530

12 months.

Answer 531

The difficulty in selling land that is co-owned is taken in to account when being sold (discounted) unless the co-owner was the spouse.

Answer 532

By a notional half share.

Answer 533

They must exercise reasonable care and skill, taking into account any specialist knowledge they have.

Answer 534

The beneficiaries.

Answer 535

They're not, unless they were negligent in preventing the breach.

Answer 536

Take investment advice.

Answer 537

Yes, if the beneficiary consents.

Answer 538

They can indemnify themselves for expenses they properly incur.

Answer 539

Only if provided for in the will, otherwise no.

Answer 540

Those suitable for the trust, and diversified.

Answer 541

They can be found liable.

Answer 542

Their maintenance, education or benefit, at the trustee's decision.

Answer 543

The interest at that point is added to the capital.

Answer 544

It can be paid to them until they reach the contingent age.

Answer 545

funeral & admin expenses

Answer 546

Reasonable funeral & admin expenses Preferred debts Ordinary debts Interest Deferred debts

Answer 547

funeral & admin expenses

Answer 548

Preferred - wages of deceased's employees in 4 months prior to death (max £800); HMRC.

Answer 549

Ordinary (unsecured creditors)

Answer 550

Interest (on debts)

Answer 551

Deferred debts - loans from the deceased's spouse

Answer 552

Wages of the deceased's employees in the 4 months prior to their death & HMRC

Answer 553

Unsecured debts, other than preferred debts (for employees)

Answer 554

Debts belonging to the deceased's spouse.

Answer 555

They can be found personally liable.

Answer 556

They must disclaim the inheritance, in writing.

Answer 557

It falls in to the residue.

Answer 558

The residue passes via the intestacy rules.

Answer 559

2 years. Any such variation cannot be for monetary consideration.

Answer 560

Then the item is subject to IHT / a deemed disposal for CGT by the original beneficiary.

Answer 561

It is as if the deceased had left the property to the new beneficiary.

Answer 562

Disclaim or variation

Answer 563

A valid receipt.

Answer 564

Stock transfer form Office copy of the grant Share certificate

Answer 565

Stock transfer

Answer 566

Assent in writing Beneficiary to register their interest at HMLR

Answer 567

The beneficiary

Answer 568

The beneficiary

Answer 569

The residue, unless the will specifies otherwise.

Answer 570

An ordinary / unsecured creditor.

Answer 571

They will all abate proportionately

Answer 572

The beneficiary asking the PR to use a particular asset to satisfy a pecuniary legacy.

Answer 573

The receipt is given by the minor's parents, to be held on trust until the minor turns 18, or simply not given at all.

Answer 574

By agreement of all PRs, or if acting in a professional capacity.

Answer 575

Estate accounts.

Answer 576

Approve the accounts and indemnify the PRs.

Answer 577

The PR can ask the court to approve, or can pay the beneficiaries share into the court.

Answer 578

Immediately upon the testator's death, so is treated as being owned by the beneficiary from that point.

Answer 579

Must be in writing Signed by PRs Name of the beneficiary. HMLR must be notified.

Answer 580

in writing

Answer 581

the beneficiary.

Answer 582

Only that they have the right to have the estate administered properly.

Answer 583

They are not liable if they acted honestly, reasonably and ought fairly to be excused.

Answer 584

That a PR is not liable for the action in question.

Answer 585

Income account Capital account Distribution account

Answer 586

Inheritance (provision for family and dependants act) 1975.

Answer 587

That the terms of will can be set aside or varied, because reasonable financial provision has not been made for them

Answer 588

Within 6 months of issue of grant to PRs (though this can be later, with leave of the court).

Answer 589

Because at that point there is no longer any possibility of an application under Inheritance (provision for family and dependants act) 1975.

Answer 590

Spouse or civil partner Ex spouse, not remarried Child, or person treated as a child Person maintained by the deceased Person who cohabited with deceased for 2+ years prior to death

Answer 591

If they are able bodied and in employment.

Answer 592

1. Has the will or intestacy rules failed to make REASONABLE financial provision for the applicant 2. If so – what would be the provision? a. For spouse – As would be reasonable in ALL THE CIRCUMSTANCES whether or not required for maintenance. b. For ALL OTHERS – financial need to live comfortably (OBJECTIVE test). c. Reasons deceased gave for not providing.

Answer 593

REASONABLE financial provision

Answer 594

what would be the provision?

Answer 595

As would be reasonable in ALL THE CIRCUMSTANCES

Answer 596

financial need to live comfortably

Answer 597

for not providing.

Answer 598

Person's need Moral considerations Disabilities Age and duration of relationships

Answer 599

Transfer of property Lump sum (most common) Payment of income Settlement of property on trust

Answer 600

Disabilities

Answer 601

Age and duration of

Answer 602

Transfer of

Answer 603

Settlement of property

Answer 604

Lifetime transfers that are not immediately chargeable unless exceed current IHT nil rate band, and within 7 years of death

Answer 605

Only to UK assets

Answer 606

Gratuitous intent

Answer 607

The fact that they may alter the percentage ownership conferred. The greater the ownership stake, the higher the value.

Answer 608

Where property is more valuable when a spouse’s property is joined to it (ie a collection) - the higher value is used.

Answer 609

Gifts to spouse (unless domiciled outside of UK) Gifts to charities £250 or less to anyone Weddings (up to a certain limit)

Answer 610

No. It would use some of the personal allowance of £325k.

Answer 611

Parent - up to £5k Grandparent - up to £2.5k Spouse to spouse - up to £2.5k All others £1k.

Answer 612

Yes, the whole of this would be subject to IHT. If it was £250 none of it would. The £250 limit is all or nothing.

Answer 613

No, only £1k of it would. Wedding gifts, unlike non wedding gifts are NOT all or nothing gifts.

Answer 614

By one year, to a total of 2 (£6k).

Answer 615

At the time of the gift.

Answer 616

Chargeable lifetime transfers (CLT)

Answer 617

Annual exempt amount (£3k per year).

Answer 618

It's £7k gross, then 40% of this, so the IHT payable would be £2800. This is because the annual exempt amount is taken off the gross amount first (similar to child maintenance). However, the personal nil rate band will mean that most people still won't have to pay anything.

Answer 619

Take the £6k from the £100k, leaving £94k. 40% of £94k is £37,600 which would be how much IHT is payable. However, the personal nil rate band will mean that most people still won't have to pay anything.

Answer 620

20% - this is known as the lifetime rate.

Answer 621

Either the transferor (at 25%) or the transferee (at 20%)

Answer 622

If an individual dies within 7 years of making a CLT, it will be brought into the IHT calculation and tax will be recalculated at the full rate. This is because they would have paid at the lifetime rate of 20%, rather than the death rate of 40%.

Answer 623

Where if sole trade or partnership or transferring share in unlisted trading company, a rate of 100% exemption applies.

Answer 624

Sole trade or partnership or transferring share in unlisted trading company.

Answer 625

Shares transferred in a quoted trading company if the donor has more than 50% of the voting shares. -or- Donor transfers land, buildings, plant or machinery used by a partnership or company.

Answer 626

100% (for now anyway) provided the land has been owned for the last 2 years, or rented for 7.

Answer 627

It is no longer available at all. Instead, the NRB is reduced by the amount of PETs and CLTs made within the last 7 years.

Answer 628

PETs and CLTs

Answer 629

No, because there is no IHT chargeable at all on this. No NRB is used either.

Answer 630

Yes, after any NRB has been used.

Answer 631

The baseline is what remains after deducting all reliefs, exemptions and NRB. So in other words, the amount that is about to be taxed for IHT.

Answer 632

The rate reduces from 40% to 36%

Answer 633

For each £2 over the £2M limit, £1 is reduced from the Residence NRB (note - not the personal NRB).

Answer 634

£1M. There would be no residence NRB left, because at £2,350,000 tapering would have eradicated the NRB by £1 for each £2 over.

Answer 635

It's an extra bit of NRB for those who downsized their homes during life. The downsizing addition is normally the same as the RNRB lost when the former home was removed from the estate.

Answer 636

It means where the person who inherited dies within 5 after the inheritance, less IHT is due. It tapers by 20% for each year survived.

Answer 637

80% relief

Answer 638

20% relief

Answer 639

6 months from the end of the month deceased.

Answer 640

The residue, unless the will states otherwise.

Answer 641

The person being 'given' the property.

Answer 642

Gift to trustee in will Secret purpose not disclosed Trustee can be notified of purpose at any time Acceptance by trustee is implied unless expressly rejected

Answer 643

Gift to trustee

Answer 644

Secret purpose

Answer 645

at any time

Answer 646

implied unless expressly rejected

Answer 647

Usually, yes.

Answer 648

The terms of the trust, with clear and convincing evidence.

Answer 649

It fails, and the trustee can keep the gift.

Answer 650

Partially revealed by will Gift to trustee for purposes I have made known to them Identity of beneficiary must be provided to the trustee on or before execution of the will Will cannot refer to future communication

Answer 651

Fully secret - trustee can be told at any time Half secret - trustee must be told at, or prior to execution of the will

Answer 652

In secret trusts the trustee keeps the gift In half secret trusts the gift returns to the settlor. This is because of the timing of when the trustee must be informed of the trust. In half secret trusts the trustee must be informed before execution of the will, therefore the settlor is still able to provide the gift elsewhere, unlike in a fully secret trust where the trustee can be told at any point.

Answer 653

purposes I have made known to them

Answer 654

on or before execution of the will

Answer 655

future communication

Answer 656

Beneficiaries can terminate a trust if all the conditions are met: All beneficiaries have absolute interest All are in agreement All are adults and of sound mind

Answer 657

adults and of sound mind

Answer 658

Allows a gift to be moved to another charity, under certain conditions.

Answer 659

When there is evidence of GENERAL charitable intention show. This may be either for an initial failure of a gift, or subsequent failure of a gift.

Answer 660

Where the charity closed before the death of the testator.

Answer 661

Where the charity closes before the trust funds are exhausted.

Answer 662

A general charitable intention will suffice for an initial failure of gift to be transferred to an alternate charity. For a subsequent failure of gift through there is NO requirement to show general charitable intention.

Answer 663

The more specific the gift(s) the less likely. Caselaw holds that one gift to a specific charity is unlikely to show a general charitable intention.

SQE2 Orals Day 2 (Crim Adv & Probate Int) Flashcards

Prepare for day 2 of the SQE2 orals, with Criminal Advocacy and Wills & Probate Interview