Wills and the Administration of Estates — SQE1 practice questions

Harold, aged 80, signed his will at his kitchen table while his neighbour, Priya, watched. Priya then signed the will as a witness and went home. An hour later Harold's friend, Tom, arrived. Harold showed Tom the will, pointed to his own signature and said 'that is my signature on my will', and Tom then signed as a witness in Harold's presence. Neither witness is a beneficiary, and Harold died last month.

Which of the following best describes whether Harold's will was validly executed?

1. AThe will is valid, because each witness either saw Harold sign or received his acknowledgement of his signature.
2. BThe will is invalid, because Harold's signature was not made or acknowledged in the presence of two witnesses present at the same time.
3. CThe will is valid, because each witness signed in Harold's presence and a witness need not sign in the presence of the other witness.
4. DThe will is invalid, because a testator's acknowledgement of an existing signature can never take the place of signing in front of the witnesses.
5. EThe will is valid, because a will that appears to be duly signed and witnessed is conclusively presumed to have been properly executed.

Edith made a will two years before her death leaving her entire estate to an animal charity and nothing to her only son, Rob. At the time she managed her own finances and could describe her property accurately. Her GP records show that she held a fixed and irrational belief, which no evidence could shake, that Rob had been poisoning her food. She told the person who drafted the will that this was why she was excluding Rob. In fact Rob had cared for her devotedly for many years.

Which of the following is the best advice to Rob on a challenge to the will based on Edith's capacity?

1. AThe will is valid, because Edith understood that she was making a will and knew the extent of her property.
2. BThe will is invalid, because a testator who leaves nothing to an only child is presumed to lack testamentary capacity.
3. CThe will is valid, because testamentary capacity is now assessed only under the functional test in the Mental Capacity Act 2005, which Edith satisfied.
4. DThe will is likely to be invalid, because Edith's delusion about Rob influenced the way she disposed of her estate.
5. EThe will is likely to be invalid, because old age and physical frailty raise a presumption of incapacity that the charity must rebut.

Gloria, aged 88, attended an appointment with a will-writer that was arranged by her nephew, Liam, who sat in on the meeting. Liam typed the final will himself on his laptop. The will leaves Gloria's entire estate to Liam, whereas all her earlier wills divided her estate equally between her six nephews and nieces. Gloria had testamentary capacity and the will was signed and witnessed in accordance with s 9 Wills Act 1837. There is no evidence that Liam threatened or pressured her.

Which of the following best describes the position if one of Gloria's nieces challenges the will?

1. ABecause the will was prepared by its principal beneficiary, suspicious circumstances arise and the court will require affirmative proof that Gloria knew and approved of its contents.
2. BUndue influence is presumed because Liam helped Gloria to make the will, so the will fails unless Liam rebuts that presumption.
3. CThe will is valid, because Gloria had testamentary capacity and the will was executed in accordance with s 9 Wills Act 1837.
4. DThe gift to Liam is void under s 15 Wills Act 1837, because he was involved in preparing the will.
5. EThe will is invalid, because a beneficiary is not permitted to attend the meeting at which will instructions are given.