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KSL ATP Probate practice questions

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Question 1Law of Succession: Wills, Intestacy and Testamentary Capacity

Under the Wills Act 1837, what is the minimum age at which a person may make a valid will in England and Wales, subject to the privileged-will exception?

  1. 17
  2. 16
  3. 21
  4. 18 Correct answer.

Explanation

Section 7 of the Wills Act 1837 sets the general minimum age for testamentary capacity at 18. The exception applies to privileged wills made by persons on active military service.

Question 2Law of Succession: Wills, Intestacy and Testamentary Capacity

Which statutory provision requires a will to be signed by the testator in the presence of two witnesses who then attest?

  1. Section 15 Wills Act 1837
  2. Section 1 Wills Act 1963
  3. Section 20 Administration of Justice Act 1982
  4. Section 9 Wills Act 1837 Correct answer.

Explanation

Section 9 Wills Act 1837 (as substituted) governs the formalities of execution, requiring signature by the testator and attestation by two witnesses present at the same time.

Question 3Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator leaves a legacy to a witness who attested the will. What is the effect under section 15 of the Wills Act 1837?

  1. The gift is valid because attestation is ministerial
  2. The witness forfeits the gift but the will remains valid Correct answer.
  3. The gift is valid only if the witness is a relative
  4. The entire will is void

Explanation

Section 15 provides that a gift to an attesting witness (or their spouse) is void, but this does not invalidate the rest of the will. The witness remains competent to attest.

Question 4Law of Succession: Wills, Intestacy and Testamentary Capacity

Which case established the classic test for testamentary capacity, requiring the testator to understand the nature of the act, the extent of property, and the claims of others?

  1. White v Jones
  2. Pettitt v Pettitt
  3. Re Rose
  4. Banks v Goodfellow Correct answer.

Explanation

Banks v Goodfellow (1870) sets out the enduring common-law test for testamentary capacity. It requires comprehension of the act of will-making, the estate, and moral claims on the estate.

Question 5Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator dies leaving a spouse and two children but no will. Under the intestacy rules, which relative has the primary entitlement to the personal chattels and statutory legacy?

  1. The siblings of the deceased
  2. The parents of the deceased
  3. The eldest child
  4. The surviving spouse or civil partner Correct answer.

Explanation

On intestacy, the surviving spouse or civil partner takes the personal chattels and a statutory legacy ahead of issue. Children share the residue subject to the statutory trust.

Question 6Law of Succession: Wills, Intestacy and Testamentary Capacity

What is the effect of a divorce on a will made during the marriage, under section 18A of the Wills Act 1837?

  1. The will lapses until the testator remarries
  2. The will is revoked entirely
  3. The former spouse is treated as having predeceased the testator Correct answer.
  4. The will is unaffected

Explanation

Section 18A provides that divorce or annulment causes the will to take effect as if the former spouse had died, leaving other provisions intact. The will is not wholly revoked.

Question 7Law of Succession: Wills, Intestacy and Testamentary Capacity

Which of the following is required for a valid will to be made by a person who cannot sign their own name?

  1. Notarisation by a commissioner for oaths
  2. A verbal declaration before three witnesses
  3. Registration at the local probate registry
  4. Signature by someone in the testator's presence and at their direction Correct answer.

Explanation

Section 9 permits the testator's signature to be made by another person in the testator's presence and by their direction. The two-witness attestation requirement still applies.

Question 8Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator includes a gift 'to my sister if she survives me'. The sister predeceases the testator. What happens to the gift?

  1. It passes to the testator's spouse automatically
  2. It lapses and falls into residue Correct answer.
  3. It passes to the Crown as bona vacantia
  4. It passes to the sister's estate

Explanation

A gift conditional on survivorship lapses if the beneficiary dies first, and the property falls into residue unless a contrary intention appears.

Question 9Law of Succession: Wills, Intestacy and Testamentary Capacity

Which of the following best describes the doctrine of dependent relative revocation?

  1. A will is revoked by subsequent marriage
  2. A revocation is ineffective where it was conditional on a mistaken belief Correct answer.
  3. A will may be revived by re-execution
  4. A codicil revokes inconsistent earlier provisions

Explanation

Dependent relative revocation applies where a testator revokes a will or gift on a mistaken premise, such that the revocation does not take effect if the premise fails.

Question 10Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator with early dementia makes a will leaving everything to a carer who arranged the will and the witnesses. Which ground is most likely to be relied upon to challenge the will?

  1. Failure to comply with the Wills Act 1963
  2. Undue influence or knowledge and approval Correct answer.
  3. Want of due execution
  4. Lack of testamentary capacity only

Explanation

Where a beneficiary is instrumental in preparing the will, the court scrutinises knowledge and approval and may infer undue influence. Capacity alone may not defeat a will if the Banks v Goodfellow test is met at execution.

Question 11Law of Succession: Wills, Intestacy and Testamentary Capacity

Under the intestacy rules, how are the personal chattels of an intestate survived by a spouse but no issue treated?

  1. They are sold and divided equally
  2. They pass to the nearest blood relative
  3. They are held on statutory trust for the spouse for life
  4. They pass to the spouse absolutely Correct answer.

Explanation

Where there is a surviving spouse but no issue, the spouse takes the personal chattels absolutely along with the residuary estate. No statutory trust arises in that situation.

Question 12Law of Succession: Wills, Intestacy and Testamentary Capacity

What is the effect of section 20 of the Administration of Justice Act 1982 on a will that fails to carry out the testator's intentions because of a clerical error?

  1. The will must be re-executed
  2. The will is void ab initio
  3. The court may rectify the will Correct answer.
  4. The will is construed strictly against the drafter

Explanation

Section 20 empowers the court to rectify a will to give effect to the testator's intentions where a clerical error or failure to understand the will's effect is shown.

Question 13Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator executes a will, then later executes a codicil that refers to the will and confirms it save for one altered gift. What is the effect?

  1. The codicil republishes the will as at the codicil's date Correct answer.
  2. The will is revoked entirely
  3. The will is suspended until probate
  4. The codicil has no effect on the will

Explanation

A codicil that confirms the will republishes it, so the will speaks from the date of the codicil for certain purposes. Only inconsistent provisions are altered.

Question 14Law of Succession: Wills, Intestacy and Testamentary Capacity

Which doctrine allows a gift to a class of beneficiaries to take effect where a member of the class is already dead at the date of the will?

  1. The class-closing rule
  2. The rule in Andrews v Partington Correct answer.
  3. The doctrine of satisfaction
  4. Section 33 Wills Act 1837

Explanation

The rule in Andrews v Partington operates to close a class at the earliest date consistent with the instrument, allowing distribution among ascertained members.

Question 15Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator leaves 'my Residuary Estate to my children in equal shares'. One child predeceases the testator leaving children of their own. Which statutory provision may preserve the gift for the grandchildren?

  1. Section 18A Wills Act 1837
  2. Section 15 Wills Act 1837
  3. Section 33 Wills Act 1837 Correct answer.
  4. Section 9 Wills Act 1837

Explanation

Section 33 provides that a gift to the testator's issue who predecease does not lapse but passes to that issue's issue, subject to the statutory conditions.

Question 16Law of Succession: Wills, Intestacy and Testamentary Capacity

What is the effect of a testator marrying after making a will, absent any contrary provision?

  1. The will remains valid in full
  2. Only gifts to the spouse are revoked
  3. The will is suspended for twelve months
  4. The will is revoked by the marriage Correct answer.

Explanation

Section 18 of the Wills Act 1837 revokes a will on marriage or civil partnership, unless made in contemplation of that marriage.

Question 17Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator makes a will leaving a gift to 'my wife' and later divorces but does not remarry. How is the gift construed under section 18A?

  1. The gift is treated as if the former spouse had predeceased Correct answer.
  2. The former spouse takes the gift
  3. The gift is void for uncertainty
  4. The gift passes to the former spouse's new partner

Explanation

Section 18A treats the former spouse as having died before the testator, so a gift to 'my wife' fails and falls into residue.

Question 18Law of Succession: Wills, Intestacy and Testamentary Capacity

In determining testamentary capacity, what is the relevance of the testator's ability to recall the extent of their property?

  1. It matters only for large estates
  2. It is part of the Banks v Goodfellow test Correct answer.
  3. It is required only where undue influence is alleged
  4. It is irrelevant if the will is simple

Explanation

Banks v Goodfellow requires the testator to comprehend the extent of the property being disposed of, though the degree of recollection depends on the estate's complexity.

Question 19Law of Succession: Wills, Intestacy and Testamentary Capacity

Which of the following is a privileged will under the Wills Act 1837?

  1. A will made by a merchant seaman on leave
  2. A will made by a person aged 17 in active military service Correct answer.
  3. A will made by a person on holiday abroad
  4. A will made by a person in hospital

Explanation

Section 11 permits privileged wills by persons on active military service, and such persons may make them despite being under 18. The privilege is narrowly construed.

Question 20Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator's will leaves 'the residue to such of my nephews and nieces as my trustees shall select'. What is the primary difficulty with this provision?

  1. It creates an invalid trust of the residue
  2. It fails for want of witnesses
  3. It may offend the rule against perpetuities
  4. It delegates testamentary discretion to trustees Correct answer.

Explanation

A testator may not delegate the power to decide who benefits to trustees in a manner that amounts to a testamentary delegation. Such provisions may be void for uncertainty or delegation.

Question 21Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator makes a will, then later destroys it with the intention of revoking it, but a copy exists. What is the position under section 20 of the Wills Act 1837?

  1. The will is revoked by destruction Correct answer.
  2. The will is presumed valid until probate
  3. The will is revived by the copy
  4. The copy is admitted to probate as the will

Explanation

Section 20 provides that a will is revoked by burning, tearing or otherwise destroying it with the intention to revoke. A copy does not prevent revocation.

Question 22Law of Succession: Wills, Intestacy and Testamentary Capacity

In a probate claim, what is the effect of the presumption of due execution under section 9 of the Wills Act 1837?

  1. It conclusively validates the will
  2. It applies only to holograph wills
  3. It shifts the burden of proof to the party challenging the will Correct answer.
  4. It eliminates the need for witnesses

Explanation

Where a will appears regular on its face, a presumption of due execution arises, placing the burden on the party alleging want of execution. The presumption is rebuttable.

Question 23Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator leaves a gift to a beneficiary who witnesses the will, and later marries that beneficiary. What is the effect on the gift under section 15 of the Wills Act 1837?

  1. The gift becomes valid on marriage
  2. The gift passes to the spouse's children
  3. The gift is valid because the witness is now a spouse
  4. The gift remains void unless the will is re-executed Correct answer.

Explanation

Section 15 voids gifts to attesting witnesses and their spouses. Marriage after execution does not cure the disability; re-execution without the witness attesting would be required.

Question 24Law of Succession: Wills, Intestacy and Testamentary Capacity

What is the significance of the 'golden rule' in relation to testamentary capacity?

  1. It is a binding statutory test
  2. It reverses the burden of proof
  3. It is a practical guideline for solicitors taking instructions Correct answer.
  4. It applies only to elderly testators

Explanation

The golden rule is a practical recommendation that solicitors take steps to satisfy themselves of capacity, particularly with elderly clients, and keep records. It is not a rule of law.

Question 25Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator's will contains a gift to 'my daughter, if she attains 21'. The daughter is 19 at the testator's death. What is the position?

  1. The gift vests immediately
  2. The gift passes to residue
  3. The gift lapses
  4. The gift is contingent and held pending attainment Correct answer.

Explanation

A gift contingent on attaining a specified age does not vest until that age is reached; in the meantime it is held on the terms of the will.

Question 26Law of Succession: Wills, Intestacy and Testamentary Capacity

Under section 9 of the Wills Act 1837, in what order must a will be signed and attested by the witnesses?

  1. The witnesses sign first, then the testator signs in their presence.
  2. Each witness signs on a different day without seeing the others.
  3. The witnesses sign after the testator's death at the probate registry.
  4. The testator signs, then both witnesses attest in the testator's presence. Correct answer.

Explanation

Section 9 requires the testator to sign first (or acknowledge the signature), and then the witnesses must attest and sign in the testator's presence. The witnesses need not sign in each other's presence, but both must witness the testator's signature or acknowledgement.

Question 27Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator, aged 17, is a member of the armed forces on active service and makes an informal will. Which principle best explains why the will may be valid?

  1. The will is valid because the testator owns personal property.
  2. Only persons over 18 may make any will, so the will is void.
  3. The will is valid because the testator is married.
  4. A soldier on active service may make a privileged will without the section 9 formalities. Correct answer.

Explanation

Section 11 of the Wills Act 1837 permits a soldier on active service to make a privileged will without the usual formalities, and such a will can be valid despite the testator being under 18. The privilege applies to actual military service.

Question 28Law of Succession: Wills, Intestacy and Testamentary Capacity

An intestate dies survived by a spouse and no children or other issue, but by a surviving parent. How is the estate distributed under the intestacy rules?

  1. The parent takes the whole estate because there are no issue.
  2. The spouse takes the personal chattels and the residue absolutely. Correct answer.
  3. The spouse and the parent share the estate in equal halves.
  4. The spouse takes a statutory legacy only and the parent takes the residue.

Explanation

Where an intestate leaves a spouse but no issue, the spouse takes the personal chattels and the whole residue absolutely, subject to the rights of any surviving parent only where there is no spouse. A surviving parent has no share while a spouse survives.

Question 29Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator signs a will in the presence of two witnesses, but one witness is the testator's spouse. What is the consequence for a gift to that spouse in the will?

  1. The gift is valid because spouses are exempt from the rule.
  2. The entire will is void because of the interested witness.
  3. The gift to the spouse is void, but the will remains valid. Correct answer.
  4. The will is valid only if a third witness signs.

Explanation

Under section 15 of the Wills Act 1837, a gift to an attesting witness or their spouse is void, but the will itself remains valid. The witness is competent to attest, so the execution is unaffected.

Question 30Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator's will leaves a legacy to 'my cousin Arthur'. The testator has two cousins named Arthur, one on each side of the family. Which approach will the court take to resolve the ambiguity?

  1. Divide the legacy equally between both Arthurs.
  2. Admit extrinsic evidence of the testator's intention to identify the intended Arthur. Correct answer.
  3. Declare the gift void for uncertainty without more.
  4. Award the legacy to the elder of the two Arthurs.

Explanation

Where a description in a will is ambiguous and applies equally to two or more persons or things, the court may admit extrinsic evidence of the testator's intention to resolve the ambiguity. The court does not simply void the gift or split it.

Question 31Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator makes a will leaving a gift to a charity. The charity is dissolved and its assets transferred to a successor charity before the testator dies. What is the likely treatment of the gift?

  1. The gift passes to the testator's next of kin.
  2. The gift may be applied to the successor charity under the cy-près principle. Correct answer.
  3. The gift is void and the Crown takes it as bona vacantia.
  4. The gift lapses and passes as residue.

Explanation

Where a charitable gift cannot take effect precisely as directed, the court may apply the property cy-près to a similar charitable purpose. A successor charity carrying on the same work is a common recipient under this principle.

Question 32Law of Succession: Wills, Intestacy and Testamentary Capacity

A will contains a clause revoking all former wills. The testator later makes a second will that is silent on revocation. What is the effect on the first will?

  1. The second will revokes the first to the extent of any inconsistency only. Correct answer.
  2. The first will remains wholly effective because no express revocation appears.
  3. Both wills are void and the estate passes on intestacy.
  4. The second will is invalid because it fails to revoke the first.

Explanation

A later will revokes an earlier one only so far as it is inconsistent, unless it contains an express or implied revocation clause. Silence on revocation means the earlier will stands except where the two conflict.

Question 33Law of Succession: Wills, Intestacy and Testamentary Capacity

Which of the following best states the rule on the effect of a will made in contemplation of marriage?

  1. A will expressed to be made in contemplation of a particular marriage is not revoked by that marriage. Correct answer.
  2. A will made in contemplation of marriage takes effect only after the marriage.
  3. A will made in contemplation of marriage is revoked by the marriage regardless of its terms.
  4. A will made in contemplation of marriage is void unless the marriage occurs within one year.

Explanation

Section 18 of the Wills Act 1837 provides that a will is revoked by marriage, but a will expressed to be made in contemplation of a particular marriage is excepted. The exception must identify the intended marriage.

Question 34Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator lacks testamentary capacity when making a will but later regains capacity and confirms the earlier will. What is the position at the testator's death?

  1. The will is permanently void because capacity is judged only at execution.
  2. The will is valid because capacity is presumed in all cases.
  3. The will may be validated by the later confirmation made with capacity. Correct answer.
  4. The will is valid only if the witnesses also had capacity.

Explanation

A will made without capacity may be validated by a later properly executed will or codicil that confirms it while the testator has capacity. The confirming instrument must itself satisfy the formalities.

Question 35Law of Succession: Wills, Intestacy and Testamentary Capacity

In the rule in Parker v Felgate, what is the key requirement for a will to be valid where the testator lacked capacity at execution?

  1. The testator signed the will without reading it.
  2. The testator's estate was small in value.
  3. The testator had capacity when giving instructions and the will was prepared in accordance with them. Correct answer.
  4. The will was witnessed by a solicitor.

Explanation

Under Parker v Felgate, a will is valid if the testator had capacity when instructing the solicitor and the will was prepared in accordance with those instructions, even if capacity was lost at execution. The testator must have understood the instructions at the time they were given.

Question 36Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator leaves 'my house to my sister for life, remainder to my nephew'. The sister dies before the testator. What is the effect on the life interest?

  1. The life interest lapses and the nephew takes the house absolutely at the testator's death. Correct answer.
  2. The life interest passes to the sister's estate for her lifetime.
  3. The nephew takes nothing because the life interest failed.
  4. The house passes on intestacy because the life tenant predeceased.

Explanation

Where a life tenant predeceases the testator, the life interest lapses and the remainder interest is accelerated, so the remainderman takes the property absolutely on the testator's death. The life interest does not pass to the deceased life tenant's estate.

Question 37Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator executes a will leaving a gift to 'my trustee, provided he acts as such'. The named trustee never takes up the office. What is the effect on the gift?

  1. The gift passes to the trustee's estate regardless.
  2. The gift fails because the condition attached to it is not satisfied. Correct answer.
  3. The gift is valid because trusteeship is presumed.
  4. The gift is void for uncertainty.

Explanation

Where a gift is conditional on the donee acting in a particular capacity, the condition must be satisfied for the gift to take effect. If the named person never acts as trustee, the gift fails.

Question 38Law of Succession: Wills, Intestacy and Testamentary Capacity

Which statement best describes the presumption of revocation arising from a will that was last known to be in the testator's possession but cannot be found at death?

  1. The will is presumed never to have been executed.
  2. The will is presumed lost and probate is granted without more.
  3. The will is conclusively presumed revoked.
  4. There is a rebuttable presumption that the testator destroyed the will with intent to revoke it. Correct answer.

Explanation

Where a will is traced to the testator's possession and cannot be found after death, there is a rebuttable presumption that the testator destroyed it animo revocandi. The presumption can be rebutted by evidence, such as a statement of intention to keep the will alive.

Question 39Law of Succession: Wills, Intestacy and Testamentary Capacity

A testator's will leaves a specific gift of 'my gold watch'. Before death, the testator gives the watch to a friend. What is the effect on the gift?

  1. The gift is valid and the beneficiary may claim the watch from the friend.
  2. The gift is void and the estate pays its value to the beneficiary.
  3. The gift passes to the residuary beneficiary as a substitute.
  4. The gift is adeemed and the beneficiary takes nothing. Correct answer.

Explanation

A specific gift is adeemed where the subject matter is disposed of by the testator during their lifetime. The beneficiary takes nothing because the property no longer forms part of the estate.

Question 40Law of Succession: Wills, Intestacy and Testamentary Capacity

Which of the following statements about the requirement that a testator know and approve the contents of a will is correct?

  1. Knowledge and approval is presumed only where a solicitor drafted the will.
  2. Knowledge and approval is a formality separate from due execution.
  3. Knowledge and approval is required only where the testator is blind.
  4. A testator is presumed to know and approve the contents of a will duly executed. Correct answer.

Explanation

Once due execution is proved, the testator is presumed to have known and approved the contents of the will. The presumption may be rebutted by suspicious circumstances, such as the will being prepared by a person who takes a substantial benefit.

Question 41Probate Jurisdiction, Grants and Court Procedure

Under the customary probate regime in Kenya, which court has the primary jurisdiction to grant representation in respect of the estate of a deceased person?

  1. The High Court Correct answer.
  2. The Magistrates' Court
  3. The Court of Appeal
  4. The Kadhi's Court

Explanation

Original probate jurisdiction is vested in the High Court, which grants probate and letters of administration. Magistrates exercise only limited probate jurisdiction as conferred by statute, and the Court of Appeal hears appeals rather than granting representation at first instance.

Question 42Probate Jurisdiction, Grants and Court Procedure

A person dies intestate leaving a widow and three children. Who is first in line to apply for a grant of letters of administration on the intestate estate?

  1. The public trustee
  2. The chief of the area
  3. The widow Correct answer.
  4. The eldest child

Explanation

Where the deceased leaves a surviving spouse, the spouse ranks first among those entitled to a grant of letters of administration on intestacy. Children rank after the surviving spouse, and public officers only act where no suitable person applies.

Question 43Probate Jurisdiction, Grants and Court Procedure

What is the effect of a grant of probate of a written will?

  1. It extinguishes the debts of the deceased
  2. It confirms the executor's authority to administer the estate according to the will Correct answer.
  3. It transfers ownership of all estate assets to the executor personally
  4. It automatically revokes any earlier will

Explanation

Probate is a court confirmation of the validity of the will and of the executor's authority to administer the estate. It does not vest assets in the executor beneficially, extinguish debts, or by itself revoke other instruments.

Question 44Probate Jurisdiction, Grants and Court Procedure

A grant of representation is described as a 'grant of letters of administration with the will annexed'. When is such a grant appropriate?

  1. When the will exists but names no willing or competent executor Correct answer.
  2. When the will has been pronounced invalid
  3. When the estate is insolvent
  4. When the deceased left no will at all

Explanation

Letters of administration with the will annexed are issued where there is a valid will but no executor able or willing to act, so administration follows the terms of the will. A wholly intestate estate attracts simple letters of administration.

Question 45Probate Jurisdiction, Grants and Court Procedure

What is the principal purpose of a citation in probate practice?

  1. To summon the deceased's debtors to a meeting
  2. To publish the will to the public
  3. To compel a person with a prior right to apply for or renounce a grant Correct answer.
  4. To value the estate for tax

Explanation

A citation calls upon a person who has a prior or equal right to a grant to either apply for it or renounce it, so that a later applicant may proceed. It is a procedural device to clear the path to a grant, not a debt or publication mechanism.

Question 46Probate Jurisdiction, Grants and Court Procedure

Which document formally authorises an executor to administer an estate after the court has confirmed the will?

  1. The certificate of death
  2. The affidavit of means
  3. The grant of probate Correct answer.
  4. The notice of motion

Explanation

The grant of probate is the instrument by which the court confirms the will and authorises the executor to administer the estate. The death certificate proves the fact of death, while affidavits and motions are procedural filings.

Question 47Probate Jurisdiction, Grants and Court Procedure

In an application for a grant of letters of administration, what does the applicant typically swear to establish entitlement?

  1. An affidavit setting out the applicant's relationship to the deceased and the estate particulars Correct answer.
  2. A letter from a creditor
  3. A certificate from the local chief alone
  4. A verbal statement in open court

Explanation

Applications for representation are supported by affidavit evidence detailing the applicant's relationship, the death, and the estate, which the court relies on to determine entitlement. Oral statements and third-party letters do not substitute for sworn affidavit evidence.

Question 48Probate Jurisdiction, Grants and Court Procedure

What does the doctrine of 'relation back' mean in the context of a grant of representation?

  1. The estate reverts to the government
  2. The will takes effect only after probate
  3. The grant only operates from the date it is issued
  4. The administrator's authority is treated as dating from the date of death Correct answer.

Explanation

On this doctrine the authority of an administrator or executor is treated as relating back to the date of death, validating acts done in the estate before the grant issued. It does not confine authority to the date of the grant.

Question 49Probate Jurisdiction, Grants and Court Procedure

A grant of representation has been issued. Which of the following best describes the executor's or administrator's role?

  1. An agent of the creditors
  2. A trustee for the government
  3. A fiduciary who collects, manages and distributes the estate according to law or the will Correct answer.
  4. An owner who may treat estate assets as personal property

Explanation

A personal representative is a fiduciary who must collect in the estate, pay debts and distribute the residue to those entitled. The assets are not the representative's own property, and the role is not that of agent for creditors or the state.

Question 50Probate Jurisdiction, Grants and Court Procedure

An applicant for a grant discovers that another person with an equal right to apply is unwilling to do so. What procedural step best clears the path for the applicant?

  1. File a fresh death certificate
  2. Apply to the chief for a letter
  3. Advertise the estate in a newspaper only
  4. Cite the unwilling person to accept or renounce the grant Correct answer.

Explanation

A citation compels a person with a prior or equal right either to take the grant or renounce it, allowing the applicant to proceed. Newspaper advertisement and chief's letters serve different purposes and do not resolve competing entitlement.