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
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- 01Free
Introduction to Wills and Intestacy
Validity of wills, testamentary capacity, formal requirements, and intestacy rules
- 02
Drafting and Executing Wills
Will drafting, clauses, and execution procedures
- 03
Alterations, Revocation and Revival
Changing and revoking wills, revival of revoked wills
- 04
Interpretation of Wills
Construing wills, failed gifts, and ademption
- 05
Grants of Representation
Probate, letters of administration, and application procedures
- 06
Administration of Estates
Personal representatives' duties and estate administration
- 07
Inheritance Tax
IHT on lifetime transfers and death, exemptions and reliefs
- 08
Claims, Trusts and Post-Administration
1975 Act claims, consequent trusts, and beneficiary rights
Try before you buy
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?
- Yes, because the man signed the will in the presence of both neighbours at the same time.
- Yes, because each neighbour signed in the man's presence, and witnesses need not sign in each other's presence. Correct
- No, because both witnesses must add their signatures before either of them leaves the testator's presence.
- No, because the two witnesses must sign the will in the presence of each other as well as the testator.
- No, because a witness who signs some minutes after the testator has signed does not attest contemporaneously.
A man makes a will leaving £5,000 to his next-door neighbour, £20,000 to his sister and the rest of his estate to his daughter. He signs it in front of the neighbour and the neighbour's adult son, who are the only other people there. Both of them then sign the will as witnesses while he watches. Nothing else about the execution is open to question. After the man's death the neighbour asks his executors to pay her the £5,000.
Can the neighbour claim the £5,000 legacy given to her by the man's will?
- Yes, because the will was duly executed and the gift to her therefore takes effect with the rest of it.
- Yes, because a witness loses a gift only if she also helped to prepare the will.
- Yes, because the disqualification applies to the spouse of a witness rather than to the witness herself.
- No, because a gift to a person who attests the will is void, although the will itself stays valid. Correct
- No, because her attestation invalidates the whole will, so the estate passes under the intestacy rules.
A soldier aged 17 is deployed on operations overseas with his regiment. Before going out on patrol he writes out a short document giving everything he owns to his younger sister, signs it, and has two other soldiers sign it after watching him sign. He is killed two days later. His mother, who would take his estate had he died without a will, says the document can have no effect because her son was still a minor when he made it.
What advice should the sister be given about the validity of the document?
- It is invalid, because no one under 18 can make a will and the exception applies only to merchant seamen.
- It is invalid, because a person under 18 may make a will only with the consent of a parent.
- It is invalid, because a will made by a minor takes effect only if the court later approves it.
- It is valid, because he signed it and two witnesses saw him do so, as the law requires.
- It is valid, because a soldier in actual military service may make a will although he is under 18. Correct
A man instructs a solicitor to prepare his will. Asked what he owns, he lists his house, the workshop behind it, a van, two savings accounts and a pension, leaving nothing out. He cannot say what any of them is worth, and when asked to estimate he puts the whole estate at about £200,000. It is in fact worth close to £700,000, most of the difference being the rise in the value of his house. He is otherwise alert and answers every question clearly.
Does the man understand the extent of his property, as testamentary capacity requires?
- Yes, because he can list every asset he owns, and nothing further is ever required of a testator.
- Yes, because he appreciates in general terms what he owns; the test does not require him to know values. Correct
- No, because he has underestimated the value of the estate he is disposing of by a very wide margin.
- No, because a testator must obtain a valuation of each asset before giving instructions for a will.
- No, because his misjudgment shows he cannot appreciate the claims of those who might expect to benefit.
Free audio course
Listen to Wills and Administration of Estates — Season 12 of the podcast
Every topic below is also a free podcast episode — the rules, the traps and a worked question in around fifteen minutes, on your commute.
- 1. Introduction to Wills and Intestacy19 min
- 2. Drafting and Executing Wills22 min
- 3. Alterations, Revocation and Revival22 min
- 4. Interpretation of Wills20 min
- 5. Grants of Representation21 min
- 6. Administration of Estates19 min
- 7. Inheritance Tax18 min
- 8. Claims, Trusts and Post-Administration21 min
Free study plan
Revising Wills and Administration of Estates? Start with a plan.
Tell us your exam date and we’ll email you a week-by-week schedule that gives Wills and Administration of Estates the time it needs — alongside the other FLK2 subjects.
Common questions
Wills and Administration of Estates FAQs
Ready to start preparing?
One-time payment. Pick the plan that fits your timeline. Start with the free readiness quiz.