WPT gaps

Question 1

How is property passed
TIC
vs JT

Answer 1

TIC- passes to next of kin
JT- Passes to other JT’s

Question 2

Local planning authority: timelines for enforcement

Question 3

Charitable and non-charitable purpose trusts: requiremnts for such trust

Answer 3

Charitable: public benefie, Charitable purpose, exclusively charitable

Question 4

Inalienability of capital limits

Answer 4

Trust of individual- 125. years
private purpose non charitable trust- 21 years
fully charitable trusts- exempt

Question 5

Murder and partial defences? what are defenses available and which are complete vs partial defences

Answer 5

Defences options:
Intoxication
Loss of control
Diminshed responsibility

Full:Self Defence

Question 6

MR to murder

Answer 6

Murder is a specific intent MR. D must appreciate this-
Intend death or GBH, or indirect intent of action that has a virtually certain consequence of death or serious harm (D must appreciate this)

Question 7

Partial defences available to murder

Answer 7

Partial defence available where D intended to hurt or kill. If no intent to do this- then ** involuntary manslaughter**

Diminshed Responsibility- mental issue thats connected to recognised medical condition that impaired or affcted the D and provides an explanation for the actions.

Loss of control: lose control, trigger, similar person reach same

Intoxication: ( vol. intox -is reckless in itself, / constitutes reckless behaviour)- reduces offence to basic intent- becomes manslaughter ( reckless or basic intent)

Question 8

Specific Intent crimes

Answer 8

Unlawful/ malicious GBH s 18 OAPA
Theft- intent to perm deprive
Robbery- intent to perm deprive- with force/ threat

s9 1a Burglary - intent theft or to inflict crim damage/ GBH.

s 2+3 Criminal damage
Inchoate offences (attempts)-

Question 9

Basic Intent crimes (can be comitted recklessly)

Answer 9

GBH (s20 , s47 OAPA)- intent/reckless to causing some bodily harm

Battery-ABH S47- i/r to assult or battery

Rape+sexual offences

s9 1b Burglary

Criminal damage

unlawfulact manslaughter

Question 10

Mortages- when is mortage power of sale available

Answer 10

power must exist, arrise and be exercisable.

** exist-** when there is a mortage power of sale implied.
arrises- when money is more than 2 month due

exercisable in any of the following:
notice given and no money after 3 months
interest is in arrears for 2 months
borrower breached a term of the mortage

Question 11

A solicitor is a joint executor named in a will. The solicitor is now dealing with the administration of the estate. To assist with the administration the solicitor opens a bank account. The solicitor is one signatory on the account. The second signatory is the other executor named in the will.

Which of the following best explains the solicitor’s obligations with regard to the money held in the bank account?

Solicitor accotunts

Answer 11

A solicitor entrusted with money is always under a duty to safeguard that money (SRA Code of Conduct for Solicitors, RELs and RFLs, para 4.2), so in addition to Rules 8.2 (obtain five-weekly bank statements) and 8.4 (keep a record of bills) of the SRA Accounts Rules, the solicitor may need to take additional steps to minimise the risk.