Unit 1 Topic 16 Flashcards

1
Q

What is the benefit of a ‘deed of variation’ to a beneficiary under a will?
A That tax advantages can be obtained
B That a person can reject a gift given to them
C It is way of avoiding intestacy
D It is a way of meeting the deceased’s wishes

A

A That tax advantages can be obtained

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2
Q

When a single person dies intestate without any children, with an estate of
£150,000, which one of the following would apply?
A The estate is shared equally between any brothers and sisters
B The estate is shared equally between the parents and grandparents
C The estate is shared equally between the parents
D Everything goes to the Crown

A

C The estate is shared equally between the parents

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3
Q
If a man dies intestate leaving a widow and children and an estate valued at £500,000, what is the MAXIMUM cash sum the widow will receive from the deceased’s estate?
A £500,000 
B £325,000
C £250,000 
D £385,000
A

D £385,000

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4
Q
If a person dies intestate, what document will the deceased’s legal representatives require in order to deal with the estate?
A Grant of probate 
B Grant of Letters of administration
C Codicil 
D Deed of variation
A

B Grant of Letters of administration

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5
Q

If there is a valid will, the insurer will determine the identity of the personal representatives by:
A obtaining a copy of a grant of letters of administration.
B obtaining a copy of a grant of probate.
C requesting clarification of the laws of succession.
D requesting a signed declaration from the solicitor.

A

B obtaining a copy of a grant of probate.

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6
Q
Your customer, Mr Smith, wants to know the best way of ensuring that his 16 year-old son, Tom, has a legal interest in the new house he has just bought. What would be the best way of doing this?
A By creating an equitable interest 
B Tom already has a legal interest
C By creating a trust 
D By granting Tom a lease
A

C By creating a trust

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7
Q

Martin has set up a trust fund for the benefit of his three grandchildren
and has appointed two trustees with discretion to exercise their powers. In
these circumstances:
A Martin is known as a testator and the grandchildren as beneficiaries.
B the Trustee Act 2000 requires the grandchildren to obtain advice when
reviewing investments.
C the trustees have no legal interest in the trust property.
D both trustees must agree before exercising their discretionary powers.

A

D both trustees must agree before exercising their discretionary powers.

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8
Q

Where a person with an invalid will dies, the insurer will determine the identity of the personal representatives by:
A obtaining a copy of the grant of letters of administration
B obtaining a copy of the grant of probate
C requesting a certified copy of the will
D requesting a signed declaration from the solicitor

A

A obtaining a copy of the grant of letters of administration

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9
Q

Under the Consumer Insurance Disclosure Act 2012, the basis of ‘utmost good faith’ is that:
A the proposer must answer honestly and truthfully all questions on the application form.
B the insurer is legally obliged to manage the client’s money in an ethically and legally sound manner.
C all life assurance contracts are based on anticipated financial loss.
D companies base their underwriting on the information provided, rather than prejudice.

A

A the proposer must answer honestly and truthfully all questions on the application form.

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10
Q

When acting as the agent of a principal, it is a fundamental rule that:
A a principal must ratify the acts of his agent.
B a principal must act within their apparent authority.
C a principal is always responsible for the acts of the agent.
D an agent can conclude contracts on behalf of the principal.

A

D an agent can conclude contracts on behalf of the principal.

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11
Q

Walter and Winnie own their house on a joint tenants basis. If Walter dies:
A his share of the property will pass automatically to Winnie.
B Winnie will need to purchase Walter’s share of the property.
C his share will pass to whoever is nominated in his will.
D Winnie will own 50% of the property but retain an interest in the other 50%.

A

A his share of the property will pass automatically to Winnie.

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12
Q

The difference between a lasting power of attorney and an ordinary power of attorney is that:
A a lasting power of attorney can be revoked at any time by the donor, whereas an ordinary power of attorney can only be revoked by the Court of Protection.
B an ordinary power of attorney becomes invalid if the donor becomes mentally incapable, whereas a lasting power of attorney remains effective.
C a lasting power of attorney can be agreed on a verbal basis between
donor and donee but ordinary power of attorney must be registered at the Public Trust Office.
D an ordinary power of attorney remains valid if the donor becomes mentally incapable whereas a lasting power of attorney becomes
invalid.

A

B an ordinary power of attorney becomes invalid if the donor becomes mentally incapable, whereas a lasting power of attorney remains effective.

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13
Q
Tom was declared bankrupt in June 2018. For how long will his bankruptcy order remain in place?
A Until June 2022 
B Until June 2024
C Until June 2019 
D Until June 2020
A

C Until June 2019

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14
Q

Despite his recent marriage to Katrina, John’s existing will has remained in force. Why is this?
A The will was written with the wedding in mind
B The will was witnessed by Katrina and her father
C John has no children or other dependents
D John’s estate is valued at £199,000

A

A The will was written with the wedding in mind

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15
Q
Under the rules of intestacy, which one of the following ranks the highest should a divorced person die intestate?
A Brother and sister
B Ex-wife
C Father
D Son and Daughter
A

D Son and Daughter

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16
Q

Which one of the following has the capacity to enter into a legal contract?
A A person under the age of eighteen years
B A limited company
C An unauthorised insurance company
D Someone who was purchasing guns for terrorist activities.

A

B A limited company

17
Q

Peter, Paul and Pamela own a house on a ‘tenants in common’ basis, each having a 1/3 share. In the event of Paul’s death:
A Peter and Pamela will automatically increase their share to 50%.
B his estate is obliged to sell his share to Peter and Pamela.
C the beneficiary of Paul’s share will be determined by his will or the laws of intestacy.
D Peter and Pamela are obliged to purchase Paul’s share from his estate.

A

C the beneficiary of Paul’s share will be determined by his will or the laws of intestacy.

18
Q

What role does the Court of Protection play with lasting powers of attorney?
A Lasting powers of attorney can only be revoked with the consent of the
Court of Protection.
B Lasting powers of attorney must be registered with the Court of
Protection.
C Any action taken by attorneys must be agreed by the Court of Protection.
D The Court of Protection retains a list of all those qualified to act as attorneys

A

A Lasting powers of attorney can only be revoked with the consent of the
Court of Protection.

19
Q

What requirement rests on a discharged bankrupt when applying for a mortgage?
A As he is now discharged, there is no requirement
B To disclose the previous bankruptcy to the lender
C To disclose the previous bankruptcy to a credit reference agency
D To ensure the lender conducts a thorough credit search

A

B To disclose the previous bankruptcy to the lender

20
Q

When an individual dies intestate, leaving a spouse, children and an estate valued at £110,000, which one of the following applies?
A The estate is divided equally between the surviving spouse and children
B The entire estate passes to the spouse
C The surviving spouse inherits a life interest only in the deceased’s entire estate
D The first £50,000 passes to the surviving spouse absolutely, along with a life interest in half the remaining estate

A

B The entire estate passes to the spouse

21
Q

Any loss made by a partnership is usually:
A allocated amongst the partners in the same ratio as profits are shared.
B written off.
C held to be offset against future profits.
D held to reduce any potential tax liability.

A

A allocated amongst the partners in the same ratio as profits are shared.

22
Q
Which ONE of the following items of property would be referred to as 
personalty?
A A collection of vintage wines
B A detached house
C A paddock used for grazing horses
D A Victorian factory building
A

A A collection of vintage wines

23
Q

One of the financial restrictions placed on undischarged bankrupts is that:
A they are only able to borrow nominal amounts of money
B they are unable to buy goods except for their own consumption
C they are unable to contribute to protection policies
D they are only able to work on an employed basis

A

A they are only able to borrow nominal amounts of money