SQE Wills and the Administration of Estates
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The SQE Wills and the Administration of Estates assessment focuses on testing a your ability to apply core legal principles and rules to real-world client-based problems in the context of wills, estates, and inheritance law. The key areas tested are those relevant to a newly qualified solicitor managing the legal and practical aspects of estate planning, probate, and estate administration.
You must demonstrate your understanding of the requirements for a valid will, including issues of capacity, intention, formalities, and undue influence. You are also tested on your ability to interpret the contents of a will, ensuring that the wishes of the testator are carried out correctly. This involves understanding legal provisions around ambiguous or unclear wording and advising clients on how a court may interpret the will.
This part of the assessment covers the distribution of an estate where the deceased has left a valid will (testate) or where no valid will exists (intestate). You must apply the rules of intestacy and partial intestacy to advise on how an estate will be divided among beneficiaries when a will fails to cover all the deceased's assets.
You must be familiar with the process of applying for a grant of representation, including the distinction between a grant of probate (for executors of a will) and a grant of letters of administration (where there is no will). This includes advising on the legal procedures and documents required, as well as understanding the responsibilities that come with acting as an executor or administrator.
A key component of estate planning and administration is dealing with Inheritance Tax (IHT). You are expected to apply the law regarding IHT in the context of lifetime gifts, transfers on death, and exemptions. You must demonstrate how to calculate IHT liabilities and advise clients on tax planning strategies to minimise the tax burden on the estate and beneficiaries.
This area covers the practical steps involved in administering an estate, including managing the estate's assets, paying debts, and distributing the estate to beneficiaries. You must also understand the process for dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim a share of the estate if they have not been adequately provided for in the will.
You must demonstrate your knowledge of the role and duties of personal representatives and trustees in administering estates and trusts arising from wills. This includes understanding your powers, responsibilities, and potential liabilities, as well as the remedies available to beneficiaries if a personal representative or trustee fails in their duties.
Understanding the rights of beneficiaries under wills and trusts is essential for advising clients. You must be able to explain the entitlements of beneficiaries, the legal powers you can exercise, and the remedies available if their rights are infringed.
Throughout the assessment, you must act with integrity, in line with the Statement of Solicitor Competence, the SRA Principles, and the Code of Conduct. Ethical decision-making, particularly in sensitive situations involving family members and estate disputes, is critical.
The assessment does not require you to demonstrate knowledge of foreign law, foreign assets, or foreign taxes, focusing solely on the law applicable in England and Wales. Questions may cover any combination of these topics, requiring you to apply your knowledge across multiple areas to address complex client scenarios.
You must demonstrate your understanding of the requirements for a valid will, including issues of capacity, intention, formalities, and undue influence. You are also tested on your ability to interpret the contents of a will, ensuring that the wishes of the testator are carried out correctly. This involves understanding legal provisions around ambiguous or unclear wording and advising clients on how a court may interpret the will.
This part of the assessment covers the distribution of an estate where the deceased has left a valid will (testate) or where no valid will exists (intestate). You must apply the rules of intestacy and partial intestacy to advise on how an estate will be divided among beneficiaries when a will fails to cover all the deceased's assets.
You must be familiar with the process of applying for a grant of representation, including the distinction between a grant of probate (for executors of a will) and a grant of letters of administration (where there is no will). This includes advising on the legal procedures and documents required, as well as understanding the responsibilities that come with acting as an executor or administrator.
A key component of estate planning and administration is dealing with Inheritance Tax (IHT). You are expected to apply the law regarding IHT in the context of lifetime gifts, transfers on death, and exemptions. You must demonstrate how to calculate IHT liabilities and advise clients on tax planning strategies to minimise the tax burden on the estate and beneficiaries.
This area covers the practical steps involved in administering an estate, including managing the estate's assets, paying debts, and distributing the estate to beneficiaries. You must also understand the process for dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim a share of the estate if they have not been adequately provided for in the will.
You must demonstrate your knowledge of the role and duties of personal representatives and trustees in administering estates and trusts arising from wills. This includes understanding your powers, responsibilities, and potential liabilities, as well as the remedies available to beneficiaries if a personal representative or trustee fails in their duties.
Understanding the rights of beneficiaries under wills and trusts is essential for advising clients. You must be able to explain the entitlements of beneficiaries, the legal powers you can exercise, and the remedies available if their rights are infringed.
Throughout the assessment, you must act with integrity, in line with the Statement of Solicitor Competence, the SRA Principles, and the Code of Conduct. Ethical decision-making, particularly in sensitive situations involving family members and estate disputes, is critical.
The assessment does not require you to demonstrate knowledge of foreign law, foreign assets, or foreign taxes, focusing solely on the law applicable in England and Wales. Questions may cover any combination of these topics, requiring you to apply your knowledge across multiple areas to address complex client scenarios.
