FLK2 · SQE1 module

Wills and Administration of Estates

This subject splits into two halves: the law of wills (validity, interpretation, revocation) and the practice of administering an estate once someone has died.

Formal validity of a will is the most reliably tested single point, because the requirements are precise and small factual variations change the outcome.

What this module covers

Every topic in Wills and Administration of Estates, in the order the course teaches them. This is the whole syllabus for the module, not a selection.

Validity of Wills: Capacity, Intention and Formalities
Alteration, Codicils and Revocation of Wills
Interpretation of Wills and Failure of Gifts
Intestacy Distribution: Administration of Estates Act 1925
Property Passing Outside the Will or Intestacy
Personal Representatives and Grants of Representation
Estate Administration: Duties, Powers, Debts and Assents
Post-Death Changes: Disclaimers and Variations
Family Provision: Inheritance (Provision for Family and Dependants) Act 1975
Inheritance Tax: Transfer Categories and Lifetime Tax
Inheritance Tax: Death Estate, Nil Rate Bands and Reliefs
Pre-Grant Procedure, HMRC and Excepted Estates

A real question from this module

Answer it before you decide

FLK2 · Wills and Administration of Estates

Question

A testator signs his will in his study without anyone else present. Later the same day, two neighbours come to the house together, and in their joint presence he acknowledges that the signature on the document is his own. Both neighbours then sign as witnesses, each in the presence of the other and of the testator. Is the will validly executed?

AYes, because the testator acknowledged his existing signature in the joint presence of both witnesses together

BNo, because a testator who signs alone can never later validate that signature by simply acknowledging it

CYes, but only because the witnesses happened to arrive and sign at exactly the same time as each other

DNo, because both witnesses must personally watch the testator’s hand as he writes his actual signature

EYes, provided the neighbours are independent of the testator and have no interest under the will itself

Answer A

A will is validly executed if the testator either signs it, or acknowledges an existing signature, in the presence of two witnesses present at the same time, who then each sign in the testator’s presence. Acknowledging an already-written signature satisfies the requirement just as signing in front of the witnesses would. Witnesses do not need to watch the act of writing itself, only to be present when the testator signs or acknowledges the signature, and a witness who benefits under the will affects only whether that witness can keep their gift, not whether execution itself was valid.

Wills Act 1837, s.9.

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