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WAEFLK2 · 8 topics

Wills and Administration of Estates SQE notes.

Wills, intestacy, probate, and inheritance tax. Below: a preview of the notes, all 8 topics, sample questions with worked explanations, and the first chapter of the Wills and Administration of Estates study guide to download free, all mapped to the SRA’s FLK2 specification.

Free sample chapter

The first chapter of the Wills and Administration of Estates study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.

From the notes

Topic 01: Introduction to Wills and Intestacy

How the Wills and Administration of Estates notes read. Every one of the 8 topics is written the same way: the rule, the trap the examiners set, and a worked question.

Wills are fundamental to private client work. As a solicitor, you will help clients express their final wishes, protect their families, and ensure their assets are distributed according to their intentions. Getting it right provides peace of mind. Getting it wrong can cause family disputes and financial hardship.

  • Choose who inherits your assets
  • Appoint guardians for your children
  • Specify funeral wishes
  • Create trusts for vulnerable beneficiaries
Wills are Foundational: A properly drafted will is one of the most valuable gifts you can give your clients. It provides certainty, reduces family conflict, and can save significant tax. Many clients delay making a will - your role is to guide them through the process sensitively and professionally.

Full notes for all 8 topics are included with lifetime access, or as the Wills and Administration of Estates study guide (£9.99).

All 8 topics in Wills and Administration of Estates

SRA-aligned
  1. 01

    Introduction to Wills and Intestacy

    Validity of wills, testamentary capacity, formal requirements, and intestacy rules

    Free
  2. 02

    Drafting and Executing Wills

    Will drafting, clauses, and execution procedures

  3. 03

    Alterations, Revocation and Revival

    Changing and revoking wills, revival of revoked wills

  4. 04

    Interpretation of Wills

    Construing wills, failed gifts, and ademption

  5. 05

    Grants of Representation

    Probate, letters of administration, and application procedures

  6. 06

    Administration of Estates

    Personal representatives' duties and estate administration

  7. 07

    Inheritance Tax

    IHT on lifetime transfers and death, exemptions and reliefs

  8. 08

    Claims, Trusts and Post-Administration

    1975 Act claims, consequent trusts, and beneficiary rights

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4 sample WAE questions

Real SBA questions from the Wills and Administration of Estates bank, with the full explanation. The paid bank covers all 8 topics and difficulty levels.

A man signs his will at his kitchen table in front of two neighbours, who both watch him sign. The first neighbour signs the will as a witness there and then, in the room with him. The second neighbour is called back to her own house for a few minutes and returns after the first neighbour has gone home. She then signs the will at the same table while the man sits watching her. The will is in order in every other respect.

Is the will validly executed, given that the second neighbour signed after the first had left?

  1. Yes, because the man signed the will in the presence of both neighbours at the same time.
  2. Yes, because each neighbour signed in the man's presence, and witnesses need not sign in each other's presence. Correct
  3. No, because both witnesses must add their signatures before either of them leaves the testator's presence.
  4. No, because the two witnesses must sign the will in the presence of each other as well as the testator.
  5. No, because a witness who signs some minutes after the testator has signed does not attest contemporaneously.
Why: The correct answer is B. Section 9 of the Wills Act 1837 requires the testator to sign, or acknowledge his signature, in the presence of two or more witnesses present at the same time, and then requires each witness to attest and sign the will, or acknowledge his signature, in the presence of the testator — but, in the words of section 9(d), "not necessarily in the presence of any other witness". Both neighbours were present together when the man signed, and each of them signed while he was watching, so the will is validly executed even though the first witness had gone home before the second signed. A is incorrect because it identifies a requirement that is satisfied but not the one in issue: signing in front of both witnesses is not enough on its own, because each witness must also sign in the testator's presence. C is incorrect because there is no rule that both witnesses must sign before either of them leaves; each need only sign while the testator is present. D is incorrect because section 9(d) expressly dispenses with the presence of the other witness. E is incorrect because attestation need not follow immediately; a short interval does not matter provided the witness signs in the testator's presence.
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Listen to Wills and Administration of Estates — Season 12 of the podcast

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