Wills and the Administration of Estates

• Topic 01

  Introduction to Wills and Estate Planning

  45 questions
• Topic 02

  Validity of Wills and Codicils

  45 questions
• Topic 03

  Alterations and Amendments to Wills

  45 questions
• Topic 04

  Revocation of Wills

  45 questions
• Topic 05

  Interpretation of Wills and Failure of Gifts

  45 questions
• Topic 06

  Property Passing Outside the Will

  90 questions
• Topic 07

  Intestacy Rules

  45 questions
• Topic 08

  Personal Representatives

  45 questions
• Topic 09

  Grants of Representation

  45 questions
• Topic 10

  Inheritance Tax

  60 questions
• Topic 11

  Administration of Estates

  45 questions
• Topic 12

  Income Tax and CGT During Estate Administration

  45 questions
• Topic 13

  Claims Under the Inheritance Act 1975

  45 questions
• Topic 14

  Personal Representatives and Trustees

  45 questions

A few questions from this unit, with the answer and a full explanation. The complete bank is available when you start practising.

1. Quentin took out a life insurance policy on his own life but did not write it in trust. Quentin dies. His will leaves his entire residuary estate to his brother, Robert. Quentin's wife, Sally, claims she should receive the policy proceeds. Who is entitled to the proceeds?

   • A
     The insurance company retains the proceeds until Sally and Robert reach agreement
   • B
     Sally, because the Married Women's Property Act 1882 automatically directs proceeds to the surviving spouse
   • C
     The proceeds are divided equally between Robert and Sally
   • D
     Robert, because the policy proceeds form part of Quentin's estate and pass under his will to the residuary beneficiary
     Correct answer
   Explanation

   A life insurance policy that is not written in trust forms part of the deceased's estate. The personal representatives must claim the proceeds and deal with them as part of the estate. Since Quentin's will leaves his residuary estate to Robert, the policy proceeds pass to Robert under the will. There is no automatic entitlement for a surviving spouse to life insurance proceeds unless the policy is written in trust in their favour. Sally may, however, have a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975.

2. A client tells their solicitor they wish to be cremated and have their ashes scattered at a specific location. The client wants this included in their will and asks whether the executors must comply. What is the correct advice?

   • A
     Funeral wishes cannot be included in a will; the client must use a separate statutory declaration
   • B
     The wishes can be included in the will, but they are not legally binding; the executors have the legal right to decide on funeral arrangements, though they should have regard to the testator's wishes
     Correct answer
   • C
     The executors must comply with cremation wishes but not with requests about the scattering of ashes
   • D
     The wishes are legally binding if included in the will and properly witnessed
   Explanation

   Funeral wishes included in a will are not legally binding on the executors. The executors have the legal right to determine funeral arrangements. However, executors should have regard to the testator's wishes where practicable. As a practical point, the solicitor should advise the client to also record their funeral wishes in a separate, easily accessible document, because the will may not be located or read until after the funeral has taken place.

3. Richard died leaving a will that left a legacy of £5,000 to his wife and the remainder of the estate (worth £400,000) to his business partner. Richard's wife has no other significant assets or income. She died partially intestate. Under the Inheritance (Provision for Family and Dependants) Act 1975, does the Act apply to the partially intestate estate?

   • A
     No, the 1975 Act only applies to estates that are wholly testate or wholly intestate
   • B
     Yes, but only in respect of the intestate portion of the estate
   • C
     Yes, the 1975 Act applies to a partially intestate estate in the same way as to a wholly testate or wholly intestate estate
     Correct answer
   • D
     Yes, but only in respect of the testate portion of the estate
   Explanation

   The 1975 Act expressly applies to estates where the deceased died partially intestate — i.e., where some property passes under the will and some passes under the intestacy rules. The court considers the estate as a whole when deciding whether reasonable financial provision has been made. There is no limitation to only the testate or intestate portion, and no requirement to challenge the will on other grounds first.