SQE1 Wills and Administration of Estates.

James is a trainee solicitor at Baxter & Co in Leeds. He is assisting a partner with the execution of a will for Mr. Thompson. The partner asks James to witness the will along with a colleague. James knows that section 9 of the Wills Act 1837 sets out the formal requirements for a valid will, including that the testator must sign or acknowledge the will in the presence of two witnesses who are present at the same time, and that each witness must then sign the will in the presence of the testator.

Under section 9 of the Wills Act 1837, which of the following statements correctly describes the witness requirements for a valid will?

1. The witnesses must sign in the presence of each other as well as the testator
2. The witnesses must be present at the same time when the testator signs or acknowledges the will, and must each sign in the presence of the testator Correct
3. The witnesses must sign immediately after the testator without any delay
4. The witnesses must be independent solicitors or other legal professionals
5. The witnesses must sign in the presence of the testator and each witness must be over the age of 21

Emma is a solicitor at Westcott Solicitors in Bristol. Her client, Mr. Ahmed, wishes to leave £10,000 to his neighbour, Mrs. Patel, and appoints Mrs. Patel as a witness to the execution of his will. Emma advises against this arrangement because section 15 of the Wills Act 1837 provides that any gift to a witness (or the spouse of a witness) shall be void, though the will itself remains valid. Emma explains that this rule applies to attesting witnesses, not to those merely present at the execution.

Which of the following statements correctly describes the effect on a gift when a beneficiary (or their spouse) acts as a witness to a will?

1. The entire will is invalid because a beneficiary acted as a witness
2. The gift to the beneficiary witness fails, but the rest of the will remains valid
3. The gift to the beneficiary witness remains valid, but the witness cannot also serve as an executor
4. The will must be re-executed with different witnesses to be valid Correct
5. The gift to the beneficiary witness is valid, but their spouse cannot receive any benefit under the will

Lisa is a solicitor at Thompson & Co in Liverpool. She receives an enquiry from the mother of a 17-year-old who has been diagnosed with a terminal illness and wishes to make a will. Lisa explains that under section 7 of the Wills Act 1837, the general minimum age for making a will is 18. However, there is an exception for members of the armed forces and merchant seamen who can make "privileged wills" at any age. This exception exists due to the unique risks faced by service personnel.

Which of the following statements correctly describes the minimum age required to make a valid will under English law?

1. Anyone over the age of 16 can make a valid will with parental consent
2. The minimum age is 21, though those aged 18-20 can make wills with court approval
3. There is no minimum age provided the testator has sufficient understanding
4. The minimum age is 16 for everyone, provided the will is witnessed by a solicitor
5. The minimum age is 18, with exceptions for members of the armed forces and merchant seamen who can make wills at any age Correct

Andrew is a solicitor at Knight & Co in Winchester. He is taking instructions from a client, Mrs. Graham, who wishes to make a will leaving specific gifts of various items. Mrs. Graham has general knowledge of her assets but does not know the precise current value of her investments or the exact balance in her bank accounts. Andrew advises that for testamentary capacity under Banks v Goodfellow, the testator must have a general understanding of the nature and extent of their property. Exact valuations are not required; what matters is that they appreciate broadly what they own and are disposing of.

Which of the following statements correctly describes what a testator must understand about their property to have testamentary capacity?

1. The testator must know the precise value of every asset they own
2. The testator must have a general understanding of the nature and extent of their property, but exact valuations are not required Correct
3. The testator need not understand anything about their property as long as they can identify the beneficiaries
4. The testator must provide a professional valuation of all assets to the solicitor
5. The testator must understand the tax implications of their proposed gifts