SQE1 FLK2 Practice Paper 8

A registered proprietor of land grants an easement of way over their land to the owner of neighbouring property. The easement is granted by deed but is not registered at the Land Registry. The proprietor then sells the burdened land to a purchaser. Is the purchaser bound by the easement? A) Yes, because all easements bind purchasers regardless of registration B) No, because the easement was not registered and has no effect C) Yes, if the easement holder is in actual occupation of the burdened land D) It depends on whether the easement is an overriding interest because the right was exercised within one year before the disposition

A defendant appears before the magistrates' court charged with common assault. The defendant pleads not guilty. The prosecution applies for an adjournment to secure the attendance of a key witness. The defence opposes the application. Which of the following is the most important factor the court should consider? A) The number of previous adjournments in the case B) Whether the defendant is in custody or on bail C) The interests of justice, balancing the rights of both parties D) The convenience of the court diary

A solicitor completes the sale of a client's property and receives the sale proceeds of £250,000 into the client account. The solicitor's agreed fee is £3,000 plus VAT (£3,600 total). What is the correct procedure for the solicitor to obtain their fee? A) Deduct the fee directly from the client account without further action B) Send a bill of costs to the client and then transfer the fee from client account to business account C) Transfer the entire £250,000 to the business account and then send the balance to the client D) Wait for the client to pay the fee separately by cheque or bank transfer

A testator's will contains the following clause: "I appoint my friend John as executor and leave him £5,000 as a legacy." John witnessed the will along with one other independent witness. What is the effect? A) The will is invalid because an executor cannot be a witness B) The will is valid but John cannot act as executor C) The will is valid, John can act as executor, but his £5,000 legacy is void D) The will is valid and John receives his legacy and acts as executor

A settlor creates a discretionary trust for a class of beneficiaries described as "my relatives". The trustees seek to make a distribution. Which test applies to determine the validity of this trust? A) The complete list test - the trustees must be able to draw up a full list of all beneficiaries B) The individual ascertainability test - it must be possible to say of any given person whether they are or are not within the class C) The administrative workability test only D) No test is required as the trustees have complete discretion

A buyer's solicitor is conducting pre-completion searches for a registered freehold purchase. Which search will reveal whether the seller has been made bankrupt? A) Local authority search B) Land Registry official search with priority (OS1) C) Land Charges Department search (K16) D) Company search at Companies House

A defendant is charged with robbery. The prosecution offers no evidence at the Crown Court. What is the correct verdict? A) Guilty B) Not guilty by direction of the judge C) Not guilty on the direction of the prosecution D) The case is dismissed

A personal representative discovers that the deceased held a life insurance policy written in trust for the deceased's children. The policy pays out £100,000. How should this be treated in the administration of the estate? A) The £100,000 forms part of the estate and should be distributed according to the will B) The £100,000 does not form part of the estate and passes directly to the children as trust beneficiaries C) The £100,000 must be used to pay the deceased's debts before being distributed D) The personal representative has discretion over how to distribute the policy proceeds

A solicitor acting for a lender in a residential mortgage transaction discovers that the borrower has provided false information about their income on the mortgage application. What should the solicitor do? A) Continue acting for both the lender and borrower but note the discrepancy on file B) Inform the lender of the false information immediately C) Cease acting for the borrower and inform the lender of the false information D) Cease acting for both parties and inform both of the reason

An easement of light has been enjoyed over neighbouring land for 25 years without interruption. The dominant owner has never had any written grant or agreement. Under what basis can the dominant owner claim the easement? A) Express grant B) Implied grant under the rule in Wheeldon v Burrows C) Prescription under the Prescription Act 1832 D) Proprietary estoppel

A trustee wishes to purchase trust property for themselves. The beneficiaries are all adult and consenting. Which of the following statements is correct? A) The self-dealing rule absolutely prohibits a trustee from purchasing trust property B) The trustee may purchase if all beneficiaries, being sui juris, give their fully informed consent C) The trustee may purchase if they pay a fair market price D) The trustee may purchase only with court approval

A defendant charged with assault occasioning actual bodily harm wishes to argue self-defence. Which of the following correctly states the burden of proof for self-defence? A) The defendant must prove self-defence on the balance of probabilities B) The defendant must raise the issue, and the prosecution must then disprove it beyond reasonable doubt C) The judge decides whether self-defence is available as a matter of law D) Self-defence must be pleaded in advance and supported by expert evidence

A solicitor is instructed to act on a purchase of a new-build property from a developer. The developer's solicitor sends a draft contract with a clause excluding all liability for defects discovered after completion. What advice should the buyer's solicitor give? A) The clause is standard for new-build properties and should be accepted B) The clause may be unfair under the Consumer Rights Act 2015 and should be resisted C) The clause is valid because the buyer has the opportunity to survey the property before completion D) The clause only applies to minor defects and major structural issues are still covered

A personal representative needs to distribute the estate but is concerned about potential claims under the Inheritance (Provision for Family and Dependants) Act 1975. What is the time limit for such claims to be brought? A) 6 months from the date of death B) 6 months from the date of the grant of representation C) 12 months from the date of death D) 12 months from the date of the grant of representation

A solicitor receives £20,000 from a client as a payment on account of costs for litigation. How should this money be treated under the SRA Accounts Rules? A) It must be paid into the business account as it relates to costs B) It must be paid into the client account as it is client money until a bill is rendered C) The solicitor can choose which account to use D) It must be placed in a separate designated deposit account