SQE1 FLK2 Practice Paper 7

A defendant is charged with burglary under s.9(1)(a) of the Theft Act 1968. The prosecution must prove that the defendant entered a building as a trespasser with intent to commit one of the specified offences. Which of the following is NOT a specified offence for the purposes of s.9(1)(a)? A) Stealing B) Inflicting grievous bodily harm C) Criminal damage D) Rape

A solicitor acts for a client purchasing a property for £350,000. The client provides £50,000 in cash and obtains a mortgage for the remaining £300,000. On completion, the solicitor receives the mortgage advance. In which account should the mortgage advance be held before completion? A) Business account, as it is the solicitor's money until completion B) Client account, as it is client money received from the lender C) A separate designated deposit account D) The solicitor may choose either account at their discretion

A woman dies leaving a valid will which contains the following clause: "I leave my house to my daughter on condition that she never marries." The daughter is currently unmarried. Which of the following best describes the legal position? A) The condition is valid and the daughter will forfeit the house if she marries B) The condition is void as being contrary to public policy, and the daughter takes the house absolutely C) The condition is void for uncertainty D) The entire gift fails because the condition is void

A buyer and seller exchange contracts for the sale of a freehold property. Between exchange and completion, a fire destroys the property. The contract contains no special condition dealing with the risk of damage. Who bears the risk of the damage? A) The seller, because they remain the legal owner until completion B) The buyer, because risk passes on exchange of contracts C) The risk is shared equally between buyer and seller D) Neither party bears the risk; the contract is automatically frustrated

A trustee wishes to delegate their functions to an agent. Under the Trustee Act 2000, which of the following functions may NOT be delegated to an agent? A) Investment management B) The distribution of trust assets to beneficiaries C) The management of land held on trust D) Fundraising activities

A defendant is arrested on suspicion of assault occasioning actual bodily harm (ABH). At the police station, the custody officer authorises detention. After how many hours must the defendant's continued detention first be reviewed? A) 6 hours after detention was first authorised B) 12 hours after detention was first authorised C) 24 hours after detention was first authorised D) As soon as practicable after detention was first authorised

A co-owner of a registered property dies. The property was held by two individuals as beneficial joint tenants. What action must be taken at the Land Registry? A) A transfer of the deceased's share must be registered in favour of the surviving co-owner B) A restriction must be entered to reflect the change to a sole owner C) The death certificate must be produced and the register will be updated to show the surviving co-owner as sole proprietor D) Probate must first be obtained before any change can be made at the Land Registry

A solicitor receives a bill of costs from counsel for £6,000 plus VAT. The solicitor holds sufficient funds in the client account to pay the bill. How should the solicitor handle payment? A) Pay counsel's fee directly from the client account B) Transfer £6,000 plus VAT from the client account to the business account, then pay counsel from the business account C) Pay counsel from the business account and then transfer from the client account to reimburse D) Either A or B is acceptable under the SRA Accounts Rules

A man dies leaving a will which appoints his wife as sole executrix. The wife wishes to renounce her role as executrix. At what point can she no longer renounce? A) After the will has been read to the beneficiaries B) After she has intermeddled in the estate C) After 12 months from the date of death D) After the grant of probate has been applied for, even if not yet issued

A landlord grants a 5-year lease of commercial premises to a tenant. The lease contains a clause requiring the tenant to obtain the landlord's consent before assigning the lease. The tenant wishes to assign the lease to a third party. The landlord refuses consent without giving any reasons. What is the tenant's remedy? A) The tenant can assign without consent as the landlord's refusal is unreasonable B) The tenant must accept the landlord's refusal and cannot assign C) The tenant can apply to the court for a declaration that consent is being unreasonably withheld D) The tenant can terminate the lease and claim damages

Three friends, A, B and C, purchase a property together as tenants in common in equal shares. A dies, leaving all her property by will to her partner D. What is the position regarding the property? A) A's share passes to B and C by survivorship B) A's share passes to D under the will, making D a co-owner with B and C C) A's share passes to D, but D must sell to B and C if they wish to buy D) A's share is frozen until probate is granted, and B and C cannot deal with the property

A person is found guilty of an either-way offence at the Crown Court. The judge wishes to impose a community order. What is the minimum requirement that must be met before a community order can be imposed? A) The offence must carry a maximum sentence of at least 2 years' imprisonment B) The offence must be serious enough to warrant a community order C) The offender must consent to the community order D) The offender must have no previous convictions

A solicitor acting for a buyer receives the results of an environmental search which reveals potential contamination from a former industrial use of neighbouring land. What is the solicitor's primary obligation? A) Report the contamination to the Environment Agency B) Advise the client of the search results and the potential risks, including liability under the contaminated land regime C) Refuse to proceed with the transaction D) Arrange for a full site investigation at the client's expense

A trust deed requires the consent of two named individuals before the trustees can exercise their power of sale. One of the named individuals dies. Can the trustees exercise the power of sale with the consent of only the surviving individual? A) Yes, because the requirement for consent does not survive the death of one party B) No, the power of sale cannot be exercised at all now C) Yes, but only with the additional consent of the court D) No, unless the trust deed provides for a replacement or the court authorises it

An executor is administering an estate. The deceased had a joint bank account with her husband, containing £80,000 at the date of death. Both spouses contributed equally to the account. What is the position regarding the account balance? A) The entire £80,000 passes to the husband by survivorship and does not form part of the estate B) £40,000 forms part of the estate and £40,000 passes to the husband C) The entire £80,000 forms part of the estate D) The position depends on whether the account was held as joint tenants or tenants in common