Answers to FORMATIVE/MOCK WAE MCQ assessment 2021-2022
Question Answer Reasoning
1 b Attestation clause raises presumption of due execution. No other reasons for
thinking will is invalid
2 b This was a specific gift and as Maria does not own the Beatles albums when
she dies (there is no mention in the list of assets), the gift will adeem. There
should be no problem in identifying her whole collection if she had one, so it
would be certain enough. Thomas is still alive so the gift will not lapse.
3 b As there appears to be a valid will and executors, a grant of probate is
appropriate.
4 c The residue will pass under the intestacy rules as Ian has predeceased. S33
of the Wills Act has been excluded and so it cannot apply to include a
substitution provision for the children. However, the intestacy rules will have
a similar affect, which means D & F would inherit as children and Maisie
would get a share per stirpes as Karen pre-deceased.
5 c As the property in Coventry is owned as JTs , survivorship applies and it will
pass automatically to Elsie. The proceeds of the insurance policy will NOT
pass outside of the will as they are NOT written in trust, nor will the
proceeds pass by survivorship – it was not held as jointly owned the
property. So only (iii) is correct.
6 b Executors can be beneficiaries. S15 Wills Act invalidates gifts to witnesses,
not executors. There is no absolute rule that a person who drafts a will
cannot benefit, however it may raise suspicious circumstances when the will
comes to be proved. (i) is the correct number.
Note - If a solicitor drafts a will and is to receive a benefit from it, then there
is clearly a potential for conflict of interest. Under the old conduct rules,
whether or not the gift amounted to a ‘significant’ amount was relevant to
whether there was a potential breach of the conduct rules. Under the new
handbook, the guidance is less specific but the bigger the gift the more likely
there is to be a conflict of interest. A client should be advised to seek
independent advice before the will is executed.
7 b As the property was to be jointly owned by David & Karen (a gift to joint
tenants) then the gift won’t lapse – it will just go to David, s33 Wills Act does
not apply, if it had it would at least be arguable that issue of Karen (Maisie)
would get Karen’s entitlement.
8 b S15 WA means that a gift to a witness of the will fails
9 c The wording of the gift (most) means that the subject matter is too uncertain
so it will fail for that reason. The beneficiary of the gift (Karen) also pre-
deceased so the gift would lapse in any event. There are some Wedgewood
plates so the gift would not technically adeem. (i) & (iv) are correct.
10 a The PR’s are responsible, Sobia and Jane.
11 c The house will pass by survivorship NOT under the intestacy rules. Because
the death occurred after 1st October 2014, the new rules apply and Holly will
receive all personal chattels, a statutory legacy of £250,000 and an absolute
interest in half the remainder.
(The statutory legacy of £250,000 will ‘use up’ the £240,000 of assets
available so there will be nothing left for Holly to receive half of.)
12 c Nothing, Tina is not a spouse - Holly will receive everything as she is entitled
Question Answer Reasoning
1 b Attestation clause raises presumption of due execution. No other reasons for
thinking will is invalid
2 b This was a specific gift and as Maria does not own the Beatles albums when
she dies (there is no mention in the list of assets), the gift will adeem. There
should be no problem in identifying her whole collection if she had one, so it
would be certain enough. Thomas is still alive so the gift will not lapse.
3 b As there appears to be a valid will and executors, a grant of probate is
appropriate.
4 c The residue will pass under the intestacy rules as Ian has predeceased. S33
of the Wills Act has been excluded and so it cannot apply to include a
substitution provision for the children. However, the intestacy rules will have
a similar affect, which means D & F would inherit as children and Maisie
would get a share per stirpes as Karen pre-deceased.
5 c As the property in Coventry is owned as JTs , survivorship applies and it will
pass automatically to Elsie. The proceeds of the insurance policy will NOT
pass outside of the will as they are NOT written in trust, nor will the
proceeds pass by survivorship – it was not held as jointly owned the
property. So only (iii) is correct.
6 b Executors can be beneficiaries. S15 Wills Act invalidates gifts to witnesses,
not executors. There is no absolute rule that a person who drafts a will
cannot benefit, however it may raise suspicious circumstances when the will
comes to be proved. (i) is the correct number.
Note - If a solicitor drafts a will and is to receive a benefit from it, then there
is clearly a potential for conflict of interest. Under the old conduct rules,
whether or not the gift amounted to a ‘significant’ amount was relevant to
whether there was a potential breach of the conduct rules. Under the new
handbook, the guidance is less specific but the bigger the gift the more likely
there is to be a conflict of interest. A client should be advised to seek
independent advice before the will is executed.
7 b As the property was to be jointly owned by David & Karen (a gift to joint
tenants) then the gift won’t lapse – it will just go to David, s33 Wills Act does
not apply, if it had it would at least be arguable that issue of Karen (Maisie)
would get Karen’s entitlement.
8 b S15 WA means that a gift to a witness of the will fails
9 c The wording of the gift (most) means that the subject matter is too uncertain
so it will fail for that reason. The beneficiary of the gift (Karen) also pre-
deceased so the gift would lapse in any event. There are some Wedgewood
plates so the gift would not technically adeem. (i) & (iv) are correct.
10 a The PR’s are responsible, Sobia and Jane.
11 c The house will pass by survivorship NOT under the intestacy rules. Because
the death occurred after 1st October 2014, the new rules apply and Holly will
receive all personal chattels, a statutory legacy of £250,000 and an absolute
interest in half the remainder.
(The statutory legacy of £250,000 will ‘use up’ the £240,000 of assets
available so there will be nothing left for Holly to receive half of.)
12 c Nothing, Tina is not a spouse - Holly will receive everything as she is entitled
