FLK 2 - my cards > Miscellaneous > Flashcards

Miscellaneous Flashcards

Incorrect cards (79 cards)

Study These Flashcards
1
Q

How long from making an advertisement do PRs have to wait to distribute the estate?

A

2 months from date of advertisements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who is best to apply for grant of probate?

A
  • Executors named in the will
  • If no executor: residuary legatees/devisees
  • Then other beneficiaries

The representative of a deceased beneficiary’s estate is not the best person to apply because entitlement to a grant flows from the testator’s will or intestacy, not from the beneficiary’s estate. They only have an indirect interest and rank very low in the probate priority list.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is an AGA? When does it end?

A

Assurance to landlord the new tenant (assignee) will meet obligations & must be approved by landlord

Lease ends = AGA ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Under what terms can the court grant a tenancy? When is it used?

A

On such terms as it determines reasonable under the 1954 Act - must be a business tenant with security of tenure (applies unless contracted out)

Not exceeding 15 years

when L & T do not agree terms - right to renew on expiry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When must a sale be registered at HMLR?

A

Within 30 working days of result of the OS1 - avoid subsequent entries being made on the title which bind the purchaser (priority period)

prevents any one else registering a conflicitng interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who can / cannot benefit from the estate under intestacy rules?

A

Long term partner / cohabitee has no automatic right

Biological/ adopted children can benefit NOT step children

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What can happen if there is a breach of code D?

A

(video identification) may lead the court to conclude that the evidence should be excluded if its admission would have an adverse effect on the fairness of the proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

MR for unlawful act manslaughter?

A

MR only required for the unlawful act

objective test (dangerousness) causation = satisfied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does an advertisement of the death do?

A

protect PRs from new creditors/ unknown beneficiaries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What happens to IHT if held as TIC and one dies?

A

IHT is value of property less a % to show property is co-owned

(maybe 10/15%)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When does resident nil rate band apply?

A

left to direct descendants (children/ grandchildren)

£175,000 (in addition to NRB)

Standard Inheritance Tax rate: 40% on amount above NRB

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

MR for criminal damage?

A

only need MR of recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Exception to the rule against hearsay?

A

admission to an offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Requirement for robbery (fear)

A

immediately before and in order to steal has put in fear of being then and there subjected to force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What happens if there is a sublease and the original tenant surrenders lease?

A

Subtenant becomes immediate tenant of landlord

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a reasonable ground to withhold consent to assign a lease?

A

competing business

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When must an inheritance claim be brought?

A

6 months of GOP issue - court will not give permission for a late claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What happens if a will is torn to pieces?

A

revoke by destruction = not valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What can the landlord do if there is an absolute prohibtion?

A

landlord can withhold consent without giving reasons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How long must someone survive the testator to inherit? Who does the rule apply to?

A

28 days

children/ descendants only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Licence to assign clause

A

The Assignee covenants with the Landlord to perform the covenants in the lease during the remainder of the term of the lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How is an option agreeent protected on the register?

A

notice on the register (registered and unregistered)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

MR for aggravated criminal damage

A

Intend the damage act but only need to be reckless to endanger life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When does a trust not need to be witnessed?

A

only a declaration trust of land but must have legal title to create (e.g sole proprietor)

declaration of trust of land → writing + signature only

a deed needs to be witnessed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What type of agreement is sufficient for a lease?
Oral agreement
26
What is an unauthorised investment in a trust?
land overseas
27
Where are fundd paid from when using the principal method?
pay sum from business bank account then reimburse itself from the client account
28
What must happen to be successful for common intention constructive trust?
Must rebut presumption that not sole beneficial owner
29
Rules on severance of joint tenancy?
does not need to be brought to the attention of the receiver only posted **severance of a joint tenancy will be 50/50 shares tenants in common if no evidence of an agreement at time of severance** does not matter if unequal pp contributions - agreement must be when the severance occurs or else reverts to 50/50 tenants in common presumption
30
What happens if someone with a memory disease wants to amend/ make a will?
obtain consent to consult a medical practitioner to establish whether he is able to make a new will - dementia
31
What are the SCs on late completion?
time is not of the essence and the seller will be entitled at any time after 2pm on the Date **to give the buyer a notice to complete** which makes time of the essence and gives **ten working days** for completion
32
When does the anti - lapse rule apply?
only to gifts to **children or remoter descendants** who predecease the testator but have their own children alive at the time. s33 does not apply if there is a saving clause in the will = the gift will fall into residual estate
33
When can a person plead self defence?
honestly and reasonably believed that using force was necessary to prevent a crime. 1. D honestly believe force was necessary? 2. Degree of force reasonable in the circumstances D believed them to be?
34
When does 'grossly disproportionae' apply to self defence?
Householder cases
35
What must a buyer do when served a notice to complete?
immediately pay full 10% of deposit if only a 5% deposit was paid on exchange (this is binding) Failure = seller treats as a breach Reasons for delay are irrelevant
36
When will a half-secret trust be valid?
(will mentions existence of trust but does not disclose its terms) to be valid the terms must be communicated before or at the time of the will’s execution
37
When will quick succession relief apply/ not apply?
Within 5 years of receiving a chargeable transfer and estate was inc and IHT was paid on that previous transfer Does not apply if the earlier transfer is under an exemption e.g spouses, tax not paid because below threshold, no IHT payable on death, transfer occurred more than 5 years before death of first donor
38
When are assets exempt from IHT?
Transfer of assets between spouses
39
To which beneficiaries can tustiees give an advancement to?
beneficiaries who are entitled to trust capital (vested or presumptive) not life tenants who are generally only entitled to income (no interest in capital) unless trust expressly gives authority
40
Max initial dentention time for summary / e-w offences?
36 hours from relevant time - literally calculate the hours!!
41
When can an easement by prescription be defeated?
**Consent** - cannot be used with permission!! The law does not recognise a prescriptive easement with permission likely to be a licence (contract between parties - grantor can *revoke at any time* because no interest in the land)
42
What happens if NRB of a spouse is unused?
Can be used to reduce IHT
43
How many people in an ID parade? What happens if suspect has a feauture?
normally 9 people in a parade INC the suspect (“at lease another 8”) steps taken to conceal any distinguishing features unless the witness has previously seen that feature on the offender
44
When does the 4 year rule apply to breaches of planning control? What about the rest?
‼️Before 25 April 2024 (England) **4-year rule applied to:** * Unauthorised building operations (e.g. new building, structural works) * Change of use to a single dwelling house *If these were substantially completed before 25 April 2024, they remain under the 4-year rule* **10-year rule applied to:** Any other breach (e.g., other changes of use, breaches of planning conditions) ‼️After 25 April 2024 10-year rule applies to everything: All breaches of planning control (including building works and change of use to a dwelling) now require 10 years of continuous existence to become immune from enforcement.
45
Conditions for burden to run with the land in equity?
* negative * covenantee retained benefitting land * touch & concern land (value) * purchaser had notice (e.g registered)
46
Rules on income from trust - beneficiaries before 18 and after
before - use for maintenance, education or benefit ***any extra is added to capital unless the trust says otherwise*** after - gains entitlement to **income from the trust at 18** (even if capital interest is contingent)
47
Rules on limitation in leases
12 year limitation for debts / obligations by covenant under a lease executed by deed (e.g service charges) but only **6 years for rent arrears** under a deed
48
What will the court look at when determining sentence and in *what order?*
* culpability (responsibility/ blameworthiness) * harm caused/ intended (inc RF) *= seriousness is established before...* * aggravating/ mitigating factors * stat guidelines * guilty pleas
49
When will a business tenancy last indefinitely until?
landlord serves s25 notice (termination/ renewal) or... tenants serves 26 request (new tenancy) or s27 notice (terminate)
50
When can an AGA be a condition for consent to assign a lease?
express provision in the lease
51
What must a solicitor report to the SRA?
* caution * criminal charge/ conviction * rehabilitation orders * insolvency * material change/ inaccuracy of info provided
52
When is a party obliged to contruct / repair a shared way?
ONLHY if express in the grant of easement
53
How to work out value of quoted stocks? (IHT)
Value of shares in a quoted company = lower of the 2 prices, + 1/4 of the difference between the two x how many stocks
54
How many persons are appointed by probate registry to administer an estate with a **minor interest**?
At least 2 persons to administer unless practicable to only appoint 1...**where there is a minor is entitled to an interest** (trust corp or 2 individuals)
55
When do prosecution intial details of case need to be served?
**Defendant:** request... (a)as soon as practicable; and (b)in any event, no later than the beginning of the day of the first hearing ***= midnight before!*** (3) Where a defendant does not request those details... at, or before, the beginning of the day of the first hearing. **Court:** (a)as soon as practicable; and (b)in any event, no later than the beginning of the day of the first hearing ***= midnight before!***
56
What is the condition for trustees to delegate asset management?
* written agreement and policy (how to be exercised) * a term requiring the agent to comply **applies unless expressly exc by trust doc**
57
What is the effect of a prohibition in a lease?
No requirement for reasonableness or to give justification
58
When does maintenance from a trust stop?
Beneficiary turns 18/ married *any income is paid directly until the capital vests (if contingent)*
59
How many legal owners can there be in trust of land?
4 (joint tenants) - it wil always be the first 4 *they will hold on trust for themselves and any others with equitable interest*
60
How is land held if ...“Beneficial owners in equal shares” ?
Tenants in common
61
Who can appeal by way of case stated?
prosecution and defence can appeal by way of case stated from magistrates court only on a point of law or if acted in excess of jurisdiction 21 days applies to Crown Court **only on appeal from a magistrates' court**
62
When is intention to create a trust not satisfied?
Not done everything necessary to transfer the property (correct method e.g STF/ deed) - equity will no perfect an imperfect gift
63
When can the court exclude evi of bad character?
s78 PACE - would have adverse effect on fairness of proceedings (discretion of judge)
64
When is bad character evi admissible?
If use one of the gateways: * Gateway A - Agreement of both parties * Gateway B - Adduced by defendant himself * Gateway C - the bad character evidence is so important it helps to explain the case * Gateway D - it is important matter as to an issue between the defendant and the Prosecution * Gateway E - important matter in issue between the defendant and co-defendant * Gateway F - Correcting a false impression * Gateway G - Attack on another person's character
65
How can a landlord protect right to recover debt from a TP e.g guarantor/ AGA?
serve formal s17 notice (1995 act) on TP (e.g party who assigned their lease) within 6 months of rent payment becoming due **(detail debt and intention to pursue proceedings)**
66
When will implied revocation of a will happen?
**inconsistent** with a provision in the original will & **validly executed** e.g if a later codicil is validly executed and deals with separate property (not inconsistent) both will be valid and stand together - look out for this
67
When can seller dishcharge insurance?
Cancel at completion and is under no obligation to ensure the buyer has arranged cover/ notify the buyer why ? - risk passes to buyer on exc of contracts
68
What happens if a solictor fails to complete undertaking to sell property free of charge?
**Seller** bound to sell free of any charge (by contract) **Solicitor** is bound by undertaking even if becomes impossible due to unforeseen circumstances = personally liable to **buyer** unless recipient expressly releases them from liability
69
What are beneificaries entitled to receive under a trust?
* copy of trust instrument * trust accounts (assets and income) * information about own beneficial interest why? - beneficiaries can monitor performance and hold accountable
70
What do trustees not need to disclose to beneficiaries?
confidential information e.g relates to trustee decision making or it would be contrary to interests of the trust (court discretion for these)
71
Best advice if a party wants to make a gift to people who are not yet alive e.g unborn grandchildren?
A **class gift** can include unborn individuals (e.g who come into existence before they die) provided the class closes in the perpetuity period - normally 125 years). gift will fail unless there is a **back up provision**
72
When is there a valid lifetime gift of a chattel?
1. Intention to make an immediate, unconditional gift AND 2. Delivery or transfer of possession/ access/ control e.g keys. No written evidence required Must show departed with control not just temporary.
73
When is a DTO awarded?
* So serious no fine/ comm sentence is justified * 12 or over * Reasons why YRO can be justified * Under 15 - must be a persistent offender
74
Whene will there be certainty of intention to create a trust?
Language is clear 'intend to create a trust'
75
What must the ID officer ensure during group ID procedure?
The location should be one where other people are naturally passing by or waiting around informally = natural environment (not mandatory for suspect solictor to be present)
76
If a testator gives 'my vintage car' does this relate to any vintage car at date of death?
No - only the car (gift) owned at the date of the will's execution ***unless contrary evi the subject matter is from the date of execution not death***
77
What happens if a joint tenant is declared bankrupt?
severance of the joint tenancy by involuntary alienation = automatic severance of JT Invol alienation - transfer without owner consent *trustee would apply to court to sell*
78
What should trustees do when making investment decisions - particularly when there are concerns about the risks?
Obtain proper advice *even if there is a trustee with expertise!!*
79
When is it theft to pick flowers/ plants?
for reward, sale, or commercial purposes or they uproot plants
FLK 2 - my cards
flashcards
Decks in class (12)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions