116+ Free PPC1 Probate & Tax Practice Questions

Explanation: Section 78 of the Succession Act 1965 requires that the testator sign the will (or acknowledge their signature) in the presence of two or more witnesses present at the same time. While the witnesses must sign in the presence of the testator, they are not strictly required by statute to sign in the presence of each other (though this is standard practice), nor is a formal attestation clause mandatory (though its absence requires an affidavit of handiwork/attestation). There is no requirement for execution before a Commissioner for Oaths.

Explanation: Under Section 82 of the Succession Act 1965, if a beneficiary (or their spouse/civil partner) witnesses a will, the gift to that beneficiary is completely void. However, the witness remains a competent witness, and the rest of the will is unaffected and remains valid.

Explanation: Under Section 85 of the Succession Act 1965, a will is revoked by the subsequent marriage or civil partnership of the testator, unless the will was made in contemplation of that marriage or civil partnership. Divorce or dissolution does not automatically revoke the will (though it may affect the spouse's rights or gifts to them), and the birth of a child does not revoke a will.

Explanation: Under Section 85 of the Succession Act 1965, a will can only be revoked by marriage/civil partnership, by another validly executed will or codicil, by a writing declaring an intention to revoke executed in the same manner as a will (with two witnesses), or by burning, tearing, or destruction by the testator (or someone in their presence and by their direction) with the intention of revoking it. Writing 'REVOKED' on the will without execution formalities or physical destruction does not revoke it.

Explanation: The classic test for testamentary capacity (sound disposing mind) from Banks v Goodfellow requires that the testator must: (1) understand the nature of the act and its effects; (2) understand the extent of the property of which they are disposing; and (3) comprehend and appreciate the claims of those who might expect to benefit under the will.

Explanation: Under Section 111 of the Succession Act 1965, if a testator dies leaving a spouse or civil partner but no issue, the surviving spouse or civil partner has a legal right to one-half of the net estate.

Explanation: Under Section 111 of the Succession Act 1965, if a testator dies leaving a spouse/civil partner and issue (children), the legal right share of the surviving spouse/civil partner is one-third of the net estate.

Explanation: An application under Section 117 of the Succession Act 1965 must be brought within 6 months from the date of the first taking out of representation (i.e. the date of issue of the grant of probate or letters of administration). This time limit is strict and cannot be extended by the court.

Explanation: Unlike spouses, children do not have a fixed 'legal right share'. Instead, under Section 117, a child must prove that the testator failed in their moral duty to make proper provision for them, taking into account the testator's means and the child's financial circumstances. The court decides from the point of view of a prudent and just parent.

Explanation: Under Section 67 of the Succession Act 1965, if a person dies intestate leaving a spouse/civil partner and issue, the spouse/civil partner is entitled to two-thirds of the estate, and the issue (children) are entitled to the remaining one-third, split equally among them.