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Sample STEP Diploma Practice Questions

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1Under Section 78 of the Irish Succession Act 1965, which of the following is a strict statutory requirement for the execution of a valid will?

A.The testator must sign the will in the presence of at least one witness who is a Commissioner for Oaths.

B.The two witnesses must sign and attest the will in the presence of the testator, though not necessarily in the presence of each other.

C.The will must be dated and executed within the state of Ireland to be valid.

D.The executors must sign the will at the foot of each page to demonstrate consent.

Explanation: Section 78 of the Succession Act 1965 requires that the testator sign (or acknowledge their signature) in the presence of two or more witnesses present at the same time, and each witness must sign in the presence of the testator. Crucially, Irish law does not strictly require the witnesses to sign in the presence of each other, although they must both be present when the testator signs or acknowledges.

2What is the legal effect under Section 82 of the Succession Act 1965 if a witness to a will, or their spouse, is named as a beneficiary under that will?

A.The entire will is rendered void and the estate will distribute under intestacy rules.

B.The gift to the witness or their spouse is void, but the rest of the will remains valid.

C.The gift remains valid provided the total value of the bequest does not exceed €10,000.

D.The gift is valid, but the witness is disqualified from acting as an executor of the estate.

Explanation: Section 82 of the Succession Act 1965 provides that if a person attests the execution of a will, any devise, bequest, or appointment of or affecting any property given to that person or their spouse is utterly null and void. However, the witness remains competent to attest the execution, meaning the rest of the will itself remains perfectly valid.

3According to Section 85 of the Succession Act 1965, in what circumstance is a will automatically revoked by operation of law?

A.Upon the testator entering into a subsequent marriage or civil partnership, unless the will was made in contemplation of that marriage or civil partnership.

B.Upon the testator getting divorced or obtaining a decree of judicial separation.

C.Upon the birth or adoption of the testator's first child.

D.Upon the testator being declared bankrupt by the High Court.

Explanation: Section 85(1) of the Succession Act 1965 states that a will is revoked by the subsequent marriage or civil partnership of the testator, unless it was made in contemplation of that marriage or civil partnership. Divorce or judicial separation does not automatically revoke the entire will, though it may affect bequests to the former spouse/partner depending on the terms of the decree or succession rights waiver.

4A testator dies intestate in Ireland, leaving a surviving spouse and two children. How is the deceased's estate distributed under Section 67 of the Succession Act 1965?

A.The surviving spouse receives the entire estate, and the children receive nothing.

B.The surviving spouse receives one-half of the estate, and the children share the remaining half equally.

C.The surviving spouse receives two-thirds of the estate, and the remaining one-third is divided equally among the children.

D.The surviving spouse receives one-third of the estate, and the remaining two-thirds is divided equally among the children.

Explanation: Under Section 67(2) of the Succession Act 1965, if an intestate leaves a spouse and issue, the spouse takes two-thirds of the estate, and the remaining one-third is distributed among the issue (divided equally among children, or descendants of deceased children per stirpes).

5Where a testator dies leaving a spouse but no children, what is the surviving spouse's Legal Right Share (LRS) under Section 111 of the Succession Act 1965?

A.One-third of the net estate.

B.One-half of the net estate.

C.Two-thirds of the net estate.

D.The entire estate up to a value of €500,000, and half of any residue.

Explanation: Section 111(1) of the Succession Act 1965 provides that if a testator leaves a spouse and no issue, the spouse has a legal right to one-half of the estate. This is a mandatory entitlement that overrides any contrary provision in the testator's will.

6What is the Legal Right Share (LRS) of a surviving spouse under Section 111 of the Succession Act 1965 if the testator dies leaving a spouse and surviving children?

A.One-third of the net estate.

B.One-half of the net estate.

C.Two-thirds of the net estate.

D.One-quarter of the net estate.

Explanation: Section 111(2) of the Succession Act 1965 specifies that if a testator leaves a spouse and issue, the spouse has a legal right to one-third of the estate. The children do not have a automatic fraction share, but can apply under Section 117 if they can prove the testator failed in their moral duty.

7A child wishes to make an application under Section 117 of the Succession Act 1965, alleging that their deceased parent failed in their moral duty to make proper provision for them. What is the strict statutory time limit for bringing this application?

A.Two years from the date of the testator's death.

B.Six months from the first taking out of representation (probate or letters of administration) to the estate.

C.Twelve months from the first taking out of representation to the estate.

D.Six years from the date of death, in line with the standard Statute of Limitations for contract actions.

Explanation: Section 117(6) of the Succession Act 1965 (as amended) sets a strict, non-extendable time limit of six months from the first taking out of representation to the estate for a child to bring an application. The courts have repeatedly confirmed that they have no jurisdiction to extend this timeframe.

8To establish a valid fully secret trust in Irish law, when must the testator communicate the terms of the trust and the identity of the beneficiaries to the primary trustee?

A.At any time before the testator's death, whether before or after the execution of the will.

B.Strictly before or at the time of the execution of the will.

C.Within six months after the probate of the will has been granted.

D.Only in writing attached as a codicil to the will.

Explanation: For a fully secret trust (where the will appears to leave the property to the legatee absolutely), communication of the trust terms can take place at any time during the testator's lifetime, either before, at, or after the execution of the will, but strictly before death. (Contrast this with half-secret trusts, which require communication before or at the execution of the will).

9Under the doctrine of ademption, what occurs if a testator makes a specific bequest of a particular asset (e.g., 'my 500 shares in CRH plc') in their will, but sells that asset prior to their death?

A.The beneficiary is entitled to receive the cash equivalent of the asset from the general estate.

B.The bequest fails completely (adeems), and the beneficiary receives nothing under that clause.

C.The executors must purchase an identical asset using general estate funds to satisfy the bequest.

D.The bequest is treated as a general legacy, and the value is charged against the residuary estate.

Explanation: Ademption occurs when the subject matter of a specific legacy is sold, destroyed, or otherwise ceases to exist as part of the testator's property at the date of death. The bequest fails (adeems) and the beneficiary receives nothing. Crucially, the court does not look to the testator's intention; it is a question of physical existence of the asset in the estate.

10Which of the following describes the statutory exception to the doctrine of lapse under Section 98 of the Succession Act 1965?

A.A gift to a spouse who predeceases the testator is automatically redirected to the spouse's siblings.

B.A gift to a child of the testator who predeceases the testator leaving issue surviving at the testator's death does not lapse, but takes effect as if the child died immediately after the testator.

C.All specific bequests that lapse are divided equally among the attesting witnesses.

D.If a charity named in a will ceases to exist, the gift is automatically distributed under the cy-pres doctrine to any other beneficiary.

Explanation: Section 98 of the Succession Act 1965 prevents the lapse of a gift made to a child (or other issue) of the testator who predeceases the testator, provided the child leaves issue who survive the testator. The gift takes effect as if the child had died immediately after the testator, meaning it passes into the deceased child's estate and is distributed according to the child's will or intestacy.

About the STEP Diploma Exam

The STEP Diploma in Trusts and Estates (Ireland) exam covers trust law, estate administration, tax planning for trusts and estates, asset protection and offshore structures, and professional and ethical responsibilities.

Assessment

100 multiple-choice questions

Time Limit

3 hours

Passing Score

50%

Exam Fee

Varies (Society of Trust and Estate Practitioners (STEP))

STEP Diploma Exam Content Outline

20%

Trust Law

Creation, administration, and termination of trusts under Irish and common law principles.

20%

Estate Administration

Probate, intestacy, succession law, and the administration of deceased estates in Ireland.

20%

Tax Planning for Trusts & Estates

CAT, CGT, income tax implications of trusts, and estate planning strategies.

20%

Asset Protection & Offshore Structures

Asset protection planning, offshore trusts, and international considerations.

20%

Professional & Ethical Responsibilities

STEP code of professional conduct, AML obligations, and GDPR for trust practitioners.

How to Pass the STEP Diploma Exam

What You Need to Know

Passing score: 50%
Assessment: 100 multiple-choice questions
Time limit: 3 hours
Exam fee: Varies

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

Frequently Asked Questions

What is the format of the STEP Diploma exam?

The exam consists of 100 multiple-choice questions covering all five content domains.

What is the passing score for the STEP Diploma exam?

Candidates must score at least 50% to pass the exam.