Wills and the administration of estates sit within the FLK2 syllabus and test a candidate’s ability to navigate the rules around valid will-making, the effect of intestacy, and the duties of personal representatives. This is a topic where the rules are relatively discrete and learnable — making it one of the higher-yield areas for focused revision effort.
Requirements for a Valid Will
A will is only valid if it satisfies the formal requirements in the Wills Act 1837, as amended:
- The will must be in writing;
- It must be signed by the testator (or by someone in their presence and by their direction);
- The testator must intend by their signature to give effect to the will;
- The signature must be made or acknowledged in the presence of two witnesses, both present at the same time;
- Each witness must sign (or acknowledge their earlier signature) in the testator’s presence.
A beneficiary who witnesses the will does not invalidate the will, but the witness-beneficiary’s gift fails.
Testamentary Capacity
The test from Banks v Goodfellow (1870) requires the testator to understand the nature of making a will and its effects; understand the extent of the property being disposed of; comprehend the claims of those who might expect to benefit; and not be suffering from a disorder of the mind that perverts their judgment.
Intestacy Rules
When a person dies without a valid will, the Administration of Estates Act 1925 (as amended) applies:
- Spouse/civil partner and no children: spouse takes the entire estate.
- Spouse/civil partner and children: spouse takes all personal chattels, a statutory legacy (currently £322,000), and one half of the residuary estate. Children share the other half equally (held on statutory trust until 18 or marriage).
- No surviving spouse: estate passes to children, then grandchildren, then parents, then siblings — in strict statutory order.
Know the current statutory legacy figure (£322,000). It has changed over time and examiners may test whether you know the current amount.
Personal Representatives
An executor (named in the will) or administrator (appointed by the court where there is no will) must collect assets, pay debts, obtain a grant of representation, and distribute the estate. The key procedural step is the grant of probate (for executors) or letters of administration (for administrators) from the Probate Registry.
Family Provision Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of person — spouses, former spouses, children, cohabitees of two or more years, and dependants — can apply to the court for reasonable financial provision from the estate where the will or intestacy rules fail to make it. The standard for a surviving spouse is higher than for other applicants.
Practise This Topic on Sqewise
Wills and intestacy questions reward candidates who know the rules precisely. The statutory legacy figure, intestacy order, and formal will requirements are all directly examinable. Practise this topic on Sqewise to build precision, and track your mastery on the dashboard. See all FLK2 topics covered.