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Sample STEP Advanced Certificate in Will Preparation (E&W) Practice Questions

Try these sample questions to test your STEP Advanced Certificate in Will Preparation (E&W) exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1The landmark case of Banks v Goodfellow (1870) established the common law test for testamentary capacity. Which of the following correctly identifies all four core elements of this test?

A.Understanding the nature of executing a will, knowing the extent of one's property, appreciating moral claims, and freedom from insane delusions influencing dispositions

B.Passing a formal Mental Capacity Act 2005 two-stage test, having a doctor present, understanding inheritance tax, and naming at least two executors

C.Knowing the identity of all living relatives, retaining memories of past gifts, having a clean medical history, and understanding contract law

D.Understanding the nature of executing a will, obtaining an LPA for property and financial affairs, executing before a notary, and avoiding gifts to charities

Explanation: Banks v Goodfellow (1870) LR 5 QB 549 requires that the testator understands the nature of the act of making a will, understands the extent of the property being disposed of, comprehends and appreciates the moral claims to which they ought to give effect, and is free from any disorder of the mind (insane delusion) that poisons their affections or controls their volition regarding the dispositions.

2In probate practice, what is the 'Golden Rule' as articulated in Re Simpson (1977) regarding the execution of a will for an elderly or seriously ill testator?

A.The drafting of the will should be witnessed and approved by a qualified medical practitioner who examines the testator and records their examination and finding of capacity

B.The testator must execute the will in the presence of two solicitors and a High Court judge

C.The will must be executed within 24 hours of taking instructions, regardless of medical advice

D.The testator must undergo a formal neuroimaging scan to prove absence of organic brain disease

Explanation: The Golden Rule established in Re Simpson (1977) specifies that when preparing a will for an elderly testator or one who has suffered serious illness, the preparation should be witnessed or approved by a medical practitioner who satisfies themselves of the testator's capacity and records their examination. Following this rule reduces the risk of post-death litigation.

3Under the rule in Parker v Felgate (1883), a will may be validly executed even if the testator lacks full capacity at the exact moment of execution, provided which of the following conditions are met?

A.The testator had capacity when giving instructions, the will was prepared in accordance with those instructions, and at execution the testator understood they were executing the will previously instructed

B.The testator had capacity at any point within five years prior to death and signed in front of a notary public

C.The beneficiaries unanimously agree to ratify the execution after the testator's death

D.The will was drafted by a STEP accredited practitioner and approved by the Court of Protection

Explanation: Under Parker v Felgate (1883) 8 PD 171, if a testator possesses testamentary capacity when giving instructions to a solicitor, the will is drawn in accordance with those instructions, and at execution the testator understands that they are signing the document prepared pursuant to their prior instructions, the will is valid even if capacity has declined by the execution date.

4In probate proceedings where a will's validity is challenged on the ground of lack of testamentary capacity, how is the burden of proof allocated once real doubt is raised?

A.The propounder of the will bears the burden of establishing on the balance of probabilities that the testator possessed testamentary capacity

B.The caveator challenging the will must prove beyond reasonable doubt that the testator lacked capacity

C.The burden shifts automatically to the medical practitioner who conducted the Golden Rule assessment

D.The court presumes capacity irrevocably once a will appears rational on its face

Explanation: While capacity is presumed if a will is rational on its face, once a challenger raises evidential doubt regarding capacity, the legal burden shifts to the propounder (the person seeking to uphold the will) to prove on the balance of probabilities that the testator had capacity at the relevant time.

5What is a 'lucid interval' in the context of testamentary capacity?

A.A temporary period during which a person suffering from mental illness or cognitive impairment temporarily regains full testamentary capacity to execute a valid will

B.The statutory 14-day cooling-off period during which a testator can revoke a newly executed will without formalities

C.A period of physical recovery following surgery during which a testator cannot be sued for breach of contract

D.The time window between taking initial instructions and final execution of a will

Explanation: A lucid interval is a temporary period during which a person with intermittent mental illness, dementia, or cognitive dysfunction recovers sufficient mental clarity and capacity under Banks v Goodfellow. A will executed during a genuine lucid interval is legally valid.

6How does the legal doctrine of undue influence operate in probate law regarding wills, compared to its operation in contract law or lifetime gifts?

A.In probate law, there is NO presumption of undue influence; actual coercion overbearing the testator's volition must be proved by the challenger

B.In probate law, undue influence is presumed whenever a caregiver receives a legacy exceeding £5,000

C.In probate law, undue influence is governed by the Police and Criminal Evidence Act 1984

D.In probate law, undue influence can only be alleged if the testator was under 18 years of age at execution

Explanation: Unlike lifetime transactions where equity presumes undue influence in relationship of trust and confidence, probate law recognizes no presumed undue influence (Parfitt v Lawless (1872)). The party challenging the will must prove actual coercion—that the testator's volition was overborne so that they executed a document expressing another's wishes rather than their own.

7In Edwards v Edwards [2007] EWHC 1119 (Ch), how did the High Court distinguish lawful persuasion from unlawful undue influence in will drafting?

A.Persuasion and appeals to affection are lawful, whereas undue influence requires pressure or coercion that forces the testator to make dispositions against their true will

B.Any discussion of inheritance between a beneficiary and testator constitutes unlawful coercion per se

C.Persuasion is only permitted if conducted in writing and witnessed by a registered nurse

D.Undue influence requires physical violence, whereas verbal pressure is always treated as lawful persuasion

Explanation: Edwards v Edwards [2007] established that persuasion, appeals to affection, or heavy pleading are entirely lawful in will preparation. Undue influence arises only when pressure or coercion is exerted to such a degree that the testator's free agency is destroyed, causing them to make a will they do not actually desire.

8What constitutes the distinct probate tort of 'fraudulent calumny'?

A.Poisoning the testator's mind against a natural object of their bounty by making false allegations about that person, knowing them to be false or not caring whether true or false

B.Drafting a will that conceals foreign assets from HM Revenue & Customs during probate administration

C.Falsifying witness signatures on a codicil to increase an executor's commission rate

D.Failing to register a will with the National Will Register within 30 days of execution

Explanation: Fraudulent calumny occurs where person A poisons the testator's mind against person B (a natural object of the testator's bounty) by making false statements about B's character or conduct, knowing the statements to be false or recklessly indifferent to their truth, thereby inducing the testator to exclude B from the will (Re Edwards [2007]).

9Under the principle in Wintle v Nye [1959] 1 WLR 284, what duty arises when a solicitor or will drafter prepares a will under which they (or their family) take a substantial benefit?

A.The circumstances excite the suspicion of the court, requiring the propounder to provide clear affirmative proof that the testator knew and approved the contents of the will

B.The will is rendered automatically void under Section 15 of the Wills Act 1837

C.The benefit is converted into a statutory trust for the High Court Master in Lunacy

D.The solicitor is subjected to mandatory criminal prosecution under the Fraud Act 2006

Explanation: Wintle v Nye [1959] (reaffirming Barry v Butlin (1838)) establishes that where a person who prepares a will takes a substantial benefit under it, the court views the transaction with grave suspicion. The court requires clear, affirmative evidence proving that the testator knew and approved the contents of the will before granting probate.

10When taking instructions for a will from a testator who is blind, illiterate, or unable to sign personally, what procedural safeguard should be included under Rule 13 of the Non-Contentious Probate Rules 1987?

A.Including a special attestation clause stating that the will was read over to the testator and that the testator appeared fully to understand and approve its contents

B.Requiring the testator to provide a audio-recorded recital of the entire Trustee Act 1925

C.Filing the draft will with the Chancery Division of the High Court 14 days before execution

D.Appointing a court-appointed Deputy to sign the will on behalf of the High Court

Explanation: Rule 13 of the Non-Contentious Probate Rules 1987 provides that if a testator is blind, illiterate, or signed by direction, the Probate Registry will require evidence of knowledge and approval before granting probate, unless the will contains a suitable attestation clause confirming that the will was read over and understood.

About the STEP Advanced Certificate in Will Preparation (E&W) Exam

The STEP Advanced Certificate in Will Preparation (England and Wales) is a benchmark professional qualification for specialist estate planners and private client practitioners. The official STEP assessment is a 3-hour written/online exam requiring structured essay and problem-solving answers. Our practice bank provides a 100-question English-language multiple-choice question (MCQ) study adaptation to help candidates master core legal principles, statutory provisions (Wills Act 1837, Inheritance Act 1975), case law (Banks v Goodfellow, White v Jones), and the STEP Code for Will Preparation before writing full essay and scenario responses.

Assessment

Performance-based assessment

Time Limit

3 hours (official written exam)

Passing Score

50% pass mark

Exam Fee

£1,650 + VAT (STEP (Society of Trust and Estate Practitioners) / CLT International)

STEP Advanced Certificate in Will Preparation (E&W) Exam Content Outline

20%

Testamentary Capacity & Undue Influence

The four-limb Banks v Goodfellow capacity test, the Golden Rule for elderly/ill testators, lucid intervals, knowledge and approval (Wintle v Nye), undue influence (Parfitt v Lawless, Edwards v Edwards), and fraudulent calumny.

20%

Wills Act 1837 Formalities & Revocation

Section 9 writing and attestation requirements, witness disqualification rules under Section 15, privileged wills (s.11), automatic revocation by marriage/civil partnership (s.18/18B), destruction with intent, alterations (s.21), and revival (s.22).

20%

Drafting Will Clauses & Trust Powers

Appointing executors, clearing off prior rights, testamentary guardians under Children Act 1989 s.5, specific vs general legacies, Section 33 statutory substitution, STEP Standard Provisions, and discretionary/IPDI trusts.

20%

Inheritance (Provision for Family & Dependants) Act 1975

Eligible applicants under Section 1(1), 6-month statutory limitation period (s.4), surviving spouse vs maintenance standards, adult child claims (Ilott v Blue Cross), Section 3 guidelines, and setting aside anti-avoidance dispositions (s.10).

20%

STEP Will Writing Code & Professional Ethics

The STEP Code for Will Preparation (2nd Edition), client instruction protocols, duty to avoid unreasonable delay (White v Jones), joint/mirror/mutual wills conflicts, fee disclosures, storage, and professional indemnity insurance.

How to Pass the STEP Advanced Certificate in Will Preparation (E&W) Exam

What You Need to Know

Passing score: 50% pass mark
Assessment: Performance-based assessment
Time limit: 3 hours (official written exam)
Exam fee: £1,650 + VAT

Keys to Passing

Work through all 100 available questions
Review every answer and explanation
Track weak areas and revisit them
Use our AI tutor for tough concepts

Frequently Asked Questions

What is the exam format for the STEP Advanced Certificate in Will Preparation (E&W)?

The official STEP assessment is a 3-hour open-book written/online examination consisting of essay questions and practical scenario-based problem questions. OpenExamPrep provides a 100-question English-language multiple-choice question (MCQ) study adaptation to help candidates review legal rules, case law, and statutory provisions.

What is the passing score and fee for the STEP Advanced Certificate in Will Preparation?

The passing score is 50%. Candidate performance is graded as Pass (50–64%), Merit (65–71%), or Distinction (72%+). The course fee is £1,650 + VAT, which includes learning manuals, online learning resources, distance learning support, and the initial exam fee with CLT International (CLTi).

How does the OpenExamPrep question bank help with a written exam?

While the official exam requires writing long-form scenario solutions, mastering the core rules (such as Section 9 formalities, Banks v Goodfellow limbs, Section 33 Wills Act 1837 operation, and 1975 Act limitation rules) via MCQ active recall builds rapid recall of essential legal principles needed for top-grade essay writing.

What key statutes and cases are tested in the STEP Will Preparation exam?

The exam heavily tests the Wills Act 1837 (ss. 7, 9, 11, 15, 18, 18B, 20, 21, 22, 33), Banks v Goodfellow (1870), Parker v Felgate (1883), Wintle v Nye [1959], White v Jones [1995], Inheritance (Provision for Family and Dependants) Act 1975, Ilott v Blue Cross [2017], Children Act 1989 s.5, and the STEP Code for Will Preparation.

What is the STEP Code for Will Preparation?

The STEP Code for Will Preparation is a set of ethical and professional conduct principles designed to ensure transparency, competence, and fairness in will drafting. It sets strict rules on taking instructions, assessing capacity, preventing undue influence, disclosing fees, avoiding delay, and managing conflicts.