WAE 1

Question 1

How do the intestacy rules operate when there is a surviving spouse and a surviving issue?

Answer 1

Spouse receives all personal chattels absolutely
Spouse receives a statutory legacy of £322,000 (taken from estate)
Residuary estate is divided in half, held for the spouse absolutely and for the issue on statutory trust
Must survive the deceased by 28 days

Question 2

What happens to the family home if the testator held the interest in their sole name/as tenants in common (and they are married)?

Answer 2

Interest will form part of the residuary estate

Spouse must ask PRs to appropriate family home in full/partial satisfaction of their interests in the estate
- They must be living in the property to exercise this right
- If the house is worth more than their entitlement, will be required to pay equality money to the estate

Question 3

What is the order of entitlement under the intestacy rules where there is no living spouse?

Answer 3

1. Issue under statutory trust
2. Parents
3. Siblings
4. Half siblings
5. Grandparents
6. Uncles/aunts
7. Half uncles/aunts
8. Crown/Duchy of Lancaster/Cornwall

Question 4

What is ademption?

Answer 4

Where a gift fails because the testator no longer owns property at death

Question 4

What are the 3 ways to revoke a will? Explain each of them.

Answer 4

1. By later will/codicil
   - Usually a declaration in later will
   - Conditional revocation = revocation may be held to be invalid if it is not validly executed
   => The original wording will stand
2. Destruction
   - Destroyed by testator/someone in their presence and they intended to do so
   - NOT a requirement for there to be witness (although it may be useful)
3. Marriage
   - Marrying after executing a will revokes that will
   - Exceptions: (1) expectation of a forthcoming marriage to a particular person (2) testator must intend that the will is not revoked by marriage

Question 5

When does a gift lapse? Explain the effects of s 184 LPA 1925 and s 33 WA 1837.

Answer 5

A gift lapses if the beneficiary dies before the testator

s 184 LPA 1925: if testator and beneficiary die close together and it cannot be discerned who died first, eldest will be deemed to have died first

s 33 WA 1837: gift to testator’s child, but child dies before testator, if they leave an issue who survives the testator, the gift does not lapse but passes to the beneficiary’s issue
- Does NOT apply to child of anyone other than testator

Question 6

What is a DMC?

Answer 6

A DMC is a gift made by someone expecting imminent death from a specific cause, which reverts to the donor if they survive, and involves the donor parting with the property or an ownership symbol before death.

Question 7

Name the three requirements for a Donatio Mortis Causa (DMC)

Answer 7

The donor believes death is imminent from a specific cause.
The gift is conditional on the donor actually dying.
The donor delivers the property or a symbol of ownership to the recipient.

Question 8

What is a statutory nomination, and when does it apply?

Answer 8

A statutory nomination allows a person to name someone to receive up to £5,000 from certain friendly/industrial/provident society accounts on death, bypassing the estate. It takes effect upon production of the death certificate.

Question 9

Name three ways a life insurance policy can be written in trust.

Answer 9

(1) Under s.11 of the Married Woman’s Property Act 1882 for spouse/children,
(2) An express trust for a nominated third party, or
(3) Into an existing trust for named beneficiaries under a trust deed.

Question 10

What happens if a life insurance policy is written in trust?

Answer 10

The proceeds go directly to the trust’s beneficiaries and never form part of the deceased’s estate.

Question 11

What happens if a life insurance policy was NOT written in trust?

Answer 11

The policy proceeds fall into the deceased’s estate and are distributed according to the will or intestacy rules.

Question 12

How is jointly owned property treated if held as beneficial joint tenants?

Answer 12

It passes automatically to the surviving joint tenant(s) by survivorship and does NOT go into the succession estate.

Question 13

How is jointly owned property treated if held as tenants in common?

Answer 13

Each co-owner has a separate share that survives their death and passes into their estate under the will or intestacy rules.

Question 14

What should you check if land is legally owned as a joint tenancy but might be beneficially held differently?

Answer 14

Check for an express trust in the property’s title register, or consider whether an implied trust arises based on the parties’ contributions or conduct.

Question 15

When would an implied trust typically arise in co-owned bank accounts?

Answer 15

If there’s no express declaration of beneficial ownership, courts may presume a resulting trust depending on contributions and the account arrangements.

Question 16

How do beneficial interests in a trust generally pass on the death of a beneficiary?

Answer 16

They follow the terms of the trust. They do not fall into the deceased’s personal estate unless it’s a tenancy in common share or a vested remainder interest.

Question 17

What happens to the deceased’s share in a marital home if they were the sole owner or held it as a tenant in common?

Answer 17

The share forms part of the deceased’s estate and is distributed under the rules of intestacy (or the will if applicable).

Question 18

What happens to a jointly owned marital home held as beneficial joint tenants when one spouse dies?

Answer 18

The survivor automatically takes full ownership by survivorship. The deceased’s share does not pass via will or intestacy.

Question 19

Does a surviving spouse automatically inherit the deceased’s share of the home under intestacy?

Answer 19

No. There is no automatic right, but the spouse may elect to appropriate the property under the Intestates’ Estates Act 1952.

Question 20

What is the effect of Schedule 2 of the Intestates’ Estates Act 1952?

Answer 20

It gives a surviving spouse or civil partner the right to appropriate the deceased’s interest in the marital home in or towards satisfaction of their entitlement under the intestacy.

Question 21

What is required to exercise the appropriation right over the marital home?

Answer 21

The spouse must elect in writing to the personal representatives within 12 months of the grant of representation.

Question 22

Can personal representatives sell the marital home during the spouse’s 12-month appropriation window?

Answer 22

No—they generally cannot sell it without the surviving spouse’s consent during that time.

Question 23

What if the value of the home exceeds the spouse’s entitlement under intestacy?

Answer 23

The spouse must pay the shortfall from their own funds to acquire the full interest.

Question 24

When is the home valued for the purposes of appropriation?

Answer 24

On the date of appropriation, not the date of death.

Question 25

When might court consent be required for appropriation?

Answer 25

If the property is part of a larger building, a farm, or business premises, court consent is needed.

Question 26

When can a solicitor contact a client’s doctor to confirm testamentary capacity?

Answer 26

Only with the client’s permission. Even if capacity is in doubt, the solicitor must obtain explicit consent before contacting a doctor.

Question 27

What is the effect if undue influence is proven in relation to a will?

Answer 27

The entire will is invalid. A previous will may be revived, or if there’s none, the estate passes under the rules of intestacy.

Question 28

If personal representatives distribute the estate after 6 months from grant and a rectification claim later arises, are they personally liable?

Answer 28

No, they are not personally liable if the distribution was made 6+ months after the grant. However, the disappointed beneficiary may seek recovery from the other beneficiaries who received the assets.

Question 29

What are the three conditions for a document (like a letter of wishes) to be incorporated by reference into a will?

Answer 29

Clearly identified in the will Existed at the time the will was executed Referred to as being already in existence when the will was signed

Question 30

What is the rule if two people die together and it’s unclear who died first?

Answer 30

Under the commorientes rule (s.184 LPA 1925), the younger person is deemed to have survived the older. This affects who inherits under wills or intestacy.

Question 31

Under intestacy rules, who is entitled out of an adopted child, stepchild, and niece by marriage?

Answer 31

Only the adopted child is entitled. Adopted = treated as biological child Stepchild = no entitlement unless adopted Niece by marriage = not a recognised relative under intestacy

Question 32

Can the father’s side inherit if the father wasn’t married to the mother and isn’t on the birth certificate?

Answer 32

❌ No. The law treats the father and his relatives as not surviving the deceased. Only the mother’s side can inherit under intestacy.

Question 33

What is a gift with reservation of benefit (GWR) for inheritance tax purposes?

Answer 33

A gift made during lifetime where the donor continues to benefit from the gifted asset (e.g. living in a gifted house). The asset is treated as part of the donor’s estate for IHT on death.

Question 34

How can you avoid a GWR when gifting a property but continuing to live in it?

Answer 34

By paying full market rent to the new owner (e.g. children). This removes the reservation of benefit, so the house is excluded from the donor’s estate for IHT.

Question 35

What happens if someone gifts a house but continues to live there rent-free?

Answer 35

It is treated as a gift with reservation of benefit — the house is still included in the estate for IHT purposes.

Question 36

What is a reversionary (or remainder) interest in a trust?

Answer 36

A future interest that only vests when the life tenant dies. The reversionary beneficiary receives the capital at that point — but only if they are alive.

Question 37

What happens if a reversionary beneficiary dies before the life tenant?

Answer 37

The interest lapses. It never vests, does not form part of their estate, and does not pass under their will or intestacy.

Question 38

What effect can mutual wills have on a joint tenancy in equity?

Answer 38

They can act as a contractual agreement that severs the joint tenancy, turning it into a tenancy in common. This allows each share to pass under their own will, not by survivorship.

Question 39

What happens to a deceased’s share of property if mutual wills severed the joint tenancy?

Answer 39

The deceased’s share passes under their will as part of their estate, not to the survivor automatically.

Question 40

If a life insurance policy is payable to the deceased’s estate, how is it treated for inheritance tax?

Answer 40

It is part of the taxable estate, unless covered by exemptions or the nil rate band. It increases the IHT liability unless exempt.

Question 41

When is knowledge and approval of a will presumed?

Answer 41

testamentary capacity + s 9 WA 1837 But this presumption does not apply if: BLISS Blind Language (can’t read English) Illiterate Signed by someone else Suspicious circumstances