SQE1 (Solicitors Qualifying Examination) · Wills, trusts and administration of estates

Wills: validity, revocation and construction

9 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 9 questions

  1. Mia signs her will in the presence of two witnesses who are present together. Each witness then signs in Mia's presence, but they are in different rooms from each other when signing. Is the will valid…
  2. Omar's will is witnessed by two people, one of whom is Omar's nephew who is left a legacy of £10,000 in the will. What is the effect under section 15 of the Wills Act 1837?
  3. Joe makes a will leaving everything to his girlfriend Lara. He then marries Sue, not in contemplation of the will. What is the effect on the will?
  4. Jill's will leaves her whole estate to her husband Ken. They divorce, and Jill dies without altering the will. What is the effect of section 18A of the Wills Act 1837?
  5. Fiona's will left a gift 'to my son, Dan'. Dan dies before Fiona leaving two children who are alive at her death. Applying section 33 of the Wills Act 1837, what happens to the gift?
  6. Which test of capacity is used to determine whether a testator had testamentary capacity?
  7. Pete's will contains an obvious clerical error that gives the wrong share to a beneficiary. His executor discovers it after the grant. Within what period must an application to rectify the will be mad…
  8. A testator's will leaves 'my shares in Alpha plc' to Cara. Before death the testator sold all those shares. What is the effect on the gift?
  9. Mina has made a will leaving everything to Nina, who is also one of her executors. Nina, who disliked Mina's other relatives, threatened to stop caring for Mina if the will was not changed in her favo…

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