🟡FLK2 Random Flashcards by Tom Smith

What exemptions are available for a potentially exempt transfer?

-£5,000 marriage exemption from a parent

-£3,000 annual exemption

-£3,000 annual exemption from previous year if unused

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When are taper relief and the annual exemption only available?

On lifetime gifts

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Is a lifetime transfer up to £5,000 given from a parent to child on the occasion of the child’s marriage exempt from IHT?

Yes

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In relation to charity, how can the IHT rate be reduced?

If 10% or more of the net value of an estate is given to charity, the IHT rate is reduced from 40% to 36%

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The right to consult with a solicitor can be delayed under what conditions?

If there are reasonable grounds to believe the right would lead to interference with evidence or alerting other suspects

-Must be an indictable offence
-Authorisation given by a superintendent
-Cannot exceed 36 hours after arrival at station

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Can an easement be acquired by prescription?

Yes

-Through continuous and uninterrupted use over a period of 20 years

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Revoking licenses with immediate effect is a serious procedural flaw

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What is unlawful act manslaughter?

Requires a deliberate act which constitutes a criminal offence

-The act must be intentional, unlawful, dangerous and be the cause of death

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Does a marriage/civil partnership revoke a pre-existing will?

Yes

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When is a citation to take probate used?

When an executor has lost their right to renounce by intermeddling, but has not applied for a grant and does not intend to do so

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Can PRs charge for their services?

-Unless it is authorised by the court or the will

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If someone dies intestate, what grant needs to be obtained?

A grant of letters of administration

-Surviving spouse has the best entitlement to

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When is a citation to accept or refuse a grant used?

To clear off a person with a right to a grant who has not applied for it and shows no intention of doing so

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What should be used to pay a secured debt?

Should be paid from the asset against which it is secured

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What is burglary?

Entering a building or part of a building as a trespasser with the intent to steal, commit GBH, or criminal damage

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What is fraud by false representation?

Someone dishonestly makes a false representation and intends to make a gain for himself or cause a risk of loss to another

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If a defendant is unfit to make a plea, what will the court do?

They court will make a determination on the actus reus alone

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What does a Form OS1 search do?

Freezes the register so that for the period between exchange and completion, there are no adverse registrations

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Where there is a long delay between exchange and completion, what is it a good idea to do?

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What does burglary require D to do?

To enter a building or part of a building

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What is registered title?

Where the seller’s title is registered at HM Land Registry

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What is unregistered title?

Where the seller’s title is not registered at HM Land Registry

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In land with registered title, how is title deduced (ownership proved) ?

By the seller’s solicitor providing official copies of the registers of title and a copy of the title plan filed at HM Land Registry

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In land with unregistered title, how is title deduced (ownership proved) ?

By the seller’s solicitor providing to the buyer’s solicitor an epitome of title and which must evidence a good root of title

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What is good root of title?

A document that: -Is at least 15 years old -Deals with the whole interest in the property -Provides a description of the property -Does not cast doubt on title

Who must land charge searches be made against?

Against all estate owners mentioned in the documents within the epitome of title for their years of ownership

What is a joint tenancy?

Own the whole of the interest together Right of survivorship applies

What is a tenancy in common?

Own separate shares Right or survivorship does not apply

What is the ownership position in registered land?

‘Equity follows the law’ Co-owners will hold the equitable interest as joint tenants

What is the most appropriate solution to mitigate a risk regarding a restrictive covenant?

Indemnity insurance

When a client is worried about whether they can legally use part of a property, what is the starting point for registered land?

The very first thing to do for registered land is to check the official copy of the register and the title plan filed

What does the property register contain?

Contains the benefits of the property and the rights the property enjoys -Includes any right of way

What does the proprietorship register contain?

Identifies the current legal owner of the estate, states the class of title, and includes entries that may restrict the owner’s powers of disposition

What is the default interest rate under the SCPC?

When a property is held as a beneficial joint tenancy, and one of the joint tenants dies, who does their interest pass to?

The remaining joint tenants

What must be shown for severance to be deemed delivered if sent by post?

Must be shown that it has not been returned to the sender undelivered

Where a co-accused adult pleads not guilty and consents to summary trial, if the youth defendant pleads not-guilty, where must they be tried?

Must be tried in the Magistrates Court with the adult

When does the CGT principal private dwelling exception apply?

Only applies to a seller’s only or main residence

In order for a legal easement to be enforceable, how must it be completed?

Must be completed by registration and a notice placed on the charges register

Is the test for recklessness subjective or objective?

Subjective -Did that person foresee the risk

When can a trustee be held to an elevated standard?

Because of their skills/experience Because they are being paid for the role

On appeal from the Magistrates court to the Crown court, what powers does the Crown court have if the appeal fails?

Crown court can pass any sentence that was available to the Magistrates court

What is the age of criminal responsibility?

10+

In what court only is D under a duty to serve a defence?

Crown court

Is failure to surrender to bail a criminal offence?

Yes

What is the maximum period of detention at police station if all extensions are granted?

96 hours

On appeal from the Crown court to CoA for sentence, what can the CoA not do?

Cannot exceed the sentence imposed by Crown court

What is an accomplice?

A person who aids another offender

What is the offence of conspiracy to…?

An agreement between at least 2 parties to do something illegal

What is indirect intent?

D is held to intend a consequence (indirectly) when that consequence is a virtually certain consequence and he foresaw that it was

Who has the burden of proof in raising a defence?

Defence has the evidential burden of proof Prosecution has the legal burden of proof

What is the maximum number of trustees for a trust of land?

What is the maximum perpetuity period for non-charitable purpose trusts, such as the maintenance of graves?

21 years

Under the statutory provisions, who has the power to appoint a new trustee when a trustee dies?

The surviving trustees

What is a charitable trust?

A type of purpose trust which is created for the benefit of an indefinite class of persons

Can a minor be a trustee?

For the purposes of theft, is a corpse property?

What will happen at an appeal against conviction from the magistrates court?

A full rehearing before a judge and magistrates in the Crown Court

With respect to registered land, how can restrictive covenants be protected?

By a notice on the charges register

Can a 3rd party destroy a will for someone?

Yes -If the person was with them and they intended to revoke the will

In a simultaneous death situation, who is deemed to have survived who?

The younger person is taken to have survived the elder person

Can a will exclude the PRs from being liable for a breach of their duty of care?

Yes

When executing a will, do the witnesses have to sign in the presence of the other witnesses?

No -Only in the presence of the testator

What happens if a will makes a gift of specific property and that property is not in the testator’s estate when they die?

The gift adeems (fails)

Is a minor able to act as an executor?

When can’t an easement by prescription be formed?

Where payment had been made for the use

Where does a right of way which benefits a property appear?

On the property register

Where must the benefit of a legal easement appear?

As a notice on the property register of the dominant tenement

Can self-defence apply when force is used to protect another person?

Yes

For a right to be capable of being an easement, who must it be a benefit to?

Any owner of the land

What is the local land charges register?

Responsible for granting planning permission and building regulations consent

When is the interests of justice test automatically satisfied?

Satisfied for trials in the Crown court -Not for appeals to the Crown court

What is the power of advancement for a trust created before 1 October 2014?

50%

Does marriage revoke a will?

Yes -Unless the will was made in contemplation of marriage

When is a trust over land properly constituted?

When a transfer form has been validly executed and forwarded to HM Land Registry to register the new owner

What is the self-dealing rule?

Prevents a trustee from purchasing property that is entrusted to him

Trustees have a power to invest in land, so long as it is:

-For the occupation of the beneficiary, or -For the purpose of investment -But it must be in the UK

Low value shop lifting is a summary offence - what is the limit on value for low value shop lifting?

£200

A withdrawal of client money from the client account requires an entry where?

A credit entry in the cash sheet and a debit enter in the client ledger

Must a codicil comply with the same formality requirements as a will?

Yes -In writing -Signed by testator -Witnessed by 2

What is an inter vivos trust?

During the person’s lifetime

What are the formalities for the creation of an inter vivos trust?

-In writing and signed

Severance of a joint tenancy can only take place in…

Equity

In order for an easement to take effect at law, does it have to be registered?

Yes -If not registered, it can only take effect at equity and is not binding

For a lease of more than 7 years, when will it only take place in law?

Once it has been validly registered

For how long can the police detain a suspect without charge before they have to seek further authorisation for detention from Magistrates Court?

36 hours -24 hours but an extra 12 allowed

Can intimate samples be taken without consent?

No -Cannot use force

Is a negative easement a valid easement?

Does an expressly granted easement need to be registered to be a legal easement?

Yes

To make an enforceable trust in land, what must it be?

In writing Signed by settlor

Under S.76 PACE, when can a confession be excluded?

If it was caused by torture or degrading treatment

For criminal damage, do you actually have to destroy or damage property?

Yes

Prior to obtaining a mortgage, what does a mortgage valuation report do?

Used to confirm that the property represents good security for the loan and requires the buyer to provide evidence that they can afford the mortgage

Can oblique intention satisfy the mens rea for murder?

Yes

Restrictive covenants must be registered as a land charge to be binding for unregistered land. True or false?

True

Are restrictive covenants a binding contractual obligation?

Yes

What is the most appropriate document to choose as a root of title?

Conveyance

What must a document be to be good root?

-Deal with the whole interest in the property -Contain a description -Be at least 15 years old

What is a commons registration search?

Will discover land that is designated for public use

What is subjective recklessness?

Where D did foresee a risk but ignored the risk and continued to act without justification

The SRA Accounts Rules provides that all accounting records must be stored securely and retained for how long?

At least 6 years

What is the minimum number of trustees required for trusts over land?

Can the retirement and appointment of a trustee be done orally?

No -Must be in writing

How often must bank reconciliation take place?

At least every 5 weeks

What is the mens rea for murder?

Intention to kill or cause really serious harm

What is voluntary manslaughter?

Where someone unlawfully kills another and possesses both the AR and MR for murder, but a special or partial defence applies

Who does a Newton Hearing take place before?

A judge

What is the stamp duty land tax rate?

0% on first £250k 5% after

Since April 2018, what tax are property transactions in Wales subject to?

Land Transaction tax

Does stamp duty land tax apply in wales?

No -England and NI

For unregistered land, is a legal easement enforceable against any buyer?

Yes

Is there a requirement of registration for an easement on unregistered land?

Will a later will implied revoke an earlier will?

Yes -To the extent that it is inconsistent with it

In registered land, how are most 3rd party interests protected?

By entry of a notice on the register

When does risk pass to a buyer?

On exchange of contracts

Can restrictive covenants be legal?

No -They only exist in equity

What is unlawful act manslaughter?

D must commit a base offence that was unlawful, objectively dangerous and caused the death of V

What is the difference between objectively and subjectively?

Objectively = reasonable person Subjectively = That specific person

What is the annual exemption?

£3,000 -Only when a lifetime gift has been made

What are the taper relief rates?

3-4 years = 32% 4-5 years = 24% 5-6 years = 16% 6-7 years = 8%

What is the Nil Rate Band?

£325,000

What is the residence Nil Rate Band?

£175,000

When will the residence Nil Rate Band be reduced?

If property is over £2million -Reduced by £1 for every £2 over 2million

What is the transferable Nil Rate Band?

Can inherit unused portion of deceased spouses NRB or RNRB

What is a s.18 offence?

Requires D to wound or to cause serious harm with the intention to cause serious harm

What does an AGA do?

Makes the outgoing tenant liable for any breaches of covenant by their assignee

What is the offence of criminal damage?

Requires the intentional or reckless damage or destruction of property belonging to another

Is an honest belief in the consent of the owner a defence to criminal damage?

Yes

What is the mens rea for aggravated criminal damage?

D intends or is reckless as to the criminal damage and that D intends or is reckless as to the endangerment of life by the damage caused to the property

What is the standard for determining whether the defence of self-defence is available?

The force used must not have been grossly disproportionate in the circumstances as D believed them to be at the time

Can D be guilty of attempting an offence even if the completed offence would be impossible because of the facts?

Yes

If a property transfer was made as part of an illegal or fraudulent transaction, what must the court decide?

Whether it is in the public interest to allow a claim

🟡FLK2 Random Flashcards

(132 cards)