STEP Advanced Certificate in Will Preparation (E&W) Practice Questions - STEP Advanced Certificate in Will Preparation - England and Wales Exam - STEP Advanced Certificate in Will Preparation (E&W) Practice Questions - STEP Advanced Certificate in Will Preparation

Question 1

The landmark case of Banks v Goodfellow (1870) established the common law test for testamentary capacity. Which of the following correctly identifies all four core elements of this test?

Understanding the nature of executing a will, knowing the extent of one's property, appreciating moral claims, and freedom from insane delusions influencing dispositions Passing a formal Mental Capacity Act 2005 two-stage test, having a doctor present, understanding inheritance tax, and naming at least two executors Knowing the identity of all living relatives, retaining memories of past gifts, having a clean medical history, and understanding contract law Understanding the nature of executing a will, obtaining an LPA for property and financial affairs, executing before a notary, and avoiding gifts to charities

Correct Answer:

Understanding the nature of executing a will, knowing the extent of one's property, appreciating moral claims, and freedom from insane delusions influencing dispositions

Question 2

In probate practice, what is the 'Golden Rule' as articulated in Re Simpson (1977) regarding the execution of a will for an elderly or seriously ill testator?

The drafting of the will should be witnessed and approved by a qualified medical practitioner who examines the testator and records their examination and finding of capacity The testator must execute the will in the presence of two solicitors and a High Court judge The will must be executed within 24 hours of taking instructions, regardless of medical advice The testator must undergo a formal neuroimaging scan to prove absence of organic brain disease

Correct Answer:

The drafting of the will should be witnessed and approved by a qualified medical practitioner who examines the testator and records their examination and finding of capacity

Question 3

Under the rule in Parker v Felgate (1883), a will may be validly executed even if the testator lacks full capacity at the exact moment of execution, provided which of the following conditions are met?

The testator had capacity when giving instructions, the will was prepared in accordance with those instructions, and at execution the testator understood they were executing the will previously instructed The testator had capacity at any point within five years prior to death and signed in front of a notary public The beneficiaries unanimously agree to ratify the execution after the testator's death The will was drafted by a STEP accredited practitioner and approved by the Court of Protection

Correct Answer:

Question 4

In probate proceedings where a will's validity is challenged on the ground of lack of testamentary capacity, how is the burden of proof allocated once real doubt is raised?

The propounder of the will bears the burden of establishing on the balance of probabilities that the testator possessed testamentary capacity The caveator challenging the will must prove beyond reasonable doubt that the testator lacked capacity The burden shifts automatically to the medical practitioner who conducted the Golden Rule assessment The court presumes capacity irrevocably once a will appears rational on its face

Correct Answer:

The propounder of the will bears the burden of establishing on the balance of probabilities that the testator possessed testamentary capacity

Question 5

What is a 'lucid interval' in the context of testamentary capacity?

A temporary period during which a person suffering from mental illness or cognitive impairment temporarily regains full testamentary capacity to execute a valid will The statutory 14-day cooling-off period during which a testator can revoke a newly executed will without formalities A period of physical recovery following surgery during which a testator cannot be sued for breach of contract The time window between taking initial instructions and final execution of a will

Correct Answer:

A temporary period during which a person suffering from mental illness or cognitive impairment temporarily regains full testamentary capacity to execute a valid will

Question 1

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Prepare with the STEP Advanced Certificate in Will Preparation (E&W) Practice Questions - STEP Advanced Certificate in Will Preparation - England and Wales Exam practice quiz. This question bank includes 100 questions covering testator, section, wills, legal, and probate. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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STEP Advanced Certificate in Will Preparation (E&W) Practice Questions - STEP Advanced Certificate in Will Preparation - England and Wales Exam

This practice set contains 100 questions from the matching question bank and focuses on testator, section, wills, legal, and probate. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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STEP Advanced Certificate in Will Preparation (E&W) Practice Questions - STEP Advanced Certificate in Will Preparation - England and Wales Exam

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