The Conveyancing Process: An Overview

A standard residential freehold purchase proceeds in broadly the following sequence:

• Client instructions and funding confirmed; conflict check; money laundering verification
• Draft contract received from seller’s solicitor; pre-contract searches and enquiries raised
• Mortgage offer received; report to client
• Exchange of contracts — parties become legally bound; deposit paid (usually 10%)
• Post-exchange steps: land charges search, priority search at Land Registry (OS1)
• Completion — balance of purchase price transferred; keys released; seller’s solicitor redeems mortgage
• Post-completion: SDLT return and payment within 14 days; Land Registry application within priority period

Pre-Contract Searches

Before exchange, the buyer’s solicitor conducts searches to reveal matters affecting the property. Key searches include:

• Local authority search (LLC1 and Con 29): Reveals planning history, road adoption, enforcement notices, and statutory obligations affecting the land.
• Drainage search: Confirms whether the property is connected to public sewers and the location of drains.
• Environmental search: Identifies contaminated land, flood risk, and ground stability issues.
• Land Registry OS1 priority search: Conducted just before completion; protects the buyer’s application for 30 working days.

The OS1 priority search is one of the most tested procedural steps. Its 30-working-day priority period means the buyer’s solicitor must complete and submit the Land Registry application within that window — or lose the protection against later registrations.

Stamp Duty Land Tax (SDLT)

SDLT is payable on the purchase of land above certain threshold values. For residential property:

• Up to £250,000: 0% (standard rate)
• £250,001–£925,000: 5%
• £925,001–£1.5m: 10%
• Over £1.5m: 12%

First-time buyer relief applies for purchases up to £625,000. Higher rates apply for additional dwellings (3% surcharge). SDLT is calculated on the amount within each band (a slice system, not a slab system). The return must be submitted and tax paid within 14 days of completion.

Title Investigation

For registered land, the buyer’s solicitor obtains official copies of the register (title register and title plan) from the Land Registry. They must check:

• The proprietorship register — who owns the land and any restrictions on disposal
• The charges register — mortgages, covenants, and other encumbrances
• The property register — description of the property and appurtenant rights

Mortgages

Most residential purchases are financed by a mortgage. The solicitor often acts for both buyer and lender (subject to conflict checks). The lender will impose conditions in the mortgage offer, and the solicitor must report to the lender on any matters that might affect the security. On completion, the existing mortgage on the seller’s title must be redeemed and a Form DS1 (or electronic discharge) obtained.

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Property practice questions in FLK2 often involve calculating SDLT, identifying the correct search, or advising on a problem that has arisen in a transaction. Practise property questions on Sqewise, use the study planner to allocate sufficient time to this topic, and explore our full mock exams.

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Why the Three Certainties Matter

An express trust cannot exist unless three certainties are present: certainty of intention, certainty of subject matter, and certainty of objects. If any one certainty fails, no valid trust is created.

Certainty of Intention

The settlor must have shown an intention to impose on a trustee a legal obligation to hold property for the benefit of a beneficiary. No particular words are required — the court looks at substance. Merely “hoping” or “wishing” that property will be used in a certain way (precatory words) does not impose a binding obligation.

• Lambe v Eames (1871): “in any way she thinks best for the benefit of herself and her family” — no trust; precatory.
• Paul v Constance [1977]: repeated statements that money was “as much yours as mine” — sufficient intention to create trust.

Certainty of Subject Matter

The trust property must be identifiable with certainty. Two sub-issues arise:

• Tangible property: Must be segregated or separately identifiable. A trust of “50 of my 500 bottles of wine” fails if the bottles are physically indistinguishable and no segregation has occurred (Re London Wine).
• Intangible property: The rule is less strict. In Hunter v Moss [1994], a trust of 50 out of 950 identical shares was held valid because the shares were fungible. This is a controversial decision but remains good law.

The distinction between tangible and intangible property in certainty of subject matter is a classic SQE1 trap. Apply Re London Wine to physical goods and Hunter v Moss to shares and similar fungible intangibles.

Certainty of Objects

There must be certainty about who the beneficiaries are. The test differs by trust type:

• Fixed trusts: The “complete list” test — it must be possible to list all beneficiaries.
• Discretionary trusts: The “is or is not” test (McPhail v Doulton [1971]) — can it be said with certainty that any given person is or is not a member of the class?
• Powers of appointment: Also the “is or is not” test, but administrative unworkability (a class so wide as to make administration impossible) can invalidate the power.

Consequences of Failure

If a certainty fails after property has been transferred, the trustee holds on resulting trust for the settlor or the settlor’s estate. If no transfer has occurred, the property remains with the settlor.

Practise This Topic on Sqewise

Trusts questions in FLK2 often involve applying all three certainties to a short set of facts — spotting which certainty is at issue and identifying the correct test. Practise trusts questions on Sqewise to build speed and accuracy, and see the full SQE1 topic breakdown.

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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.

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The SRA Accounts Rules: The Core Principle

The overarching principle is simple: client money must be kept separate from the firm’s money. The SRA Accounts Rules exist to protect clients and third parties whose money law firms hold in the course of practice.

What Is Client Money?

Client money is money that a solicitor holds or receives for or on behalf of a client or third party in connection with the firm’s legal services. It includes money received as a deposit in a conveyancing transaction, money held pending completion, money received to pay a court fee, and damages received on a client’s behalf.

It does not include money received as payment for the firm’s own fees (except where held in anticipation of billing), or money that belongs to the firm.

A firm’s own fees and disbursements that have already been billed should be transferred from the client account to the office account promptly. Allowing billed fees to sit in the client account is a breach of the Rules.

The Client Account

Client money must be held in a client account — a separate bank account maintained at an authorised bank, clearly designated as a client account. The firm must not mix client money with its own funds (office money). This separation is the cornerstone of the Rules.

Key operational rules:

• Client money received must be paid into the client account promptly — usually on the same day or the next working day.
• Money should only be withdrawn from client account to pay the client, to pay a third party on the client’s behalf, or to transfer to office account once fees have been properly incurred.
• You must not withdraw money from client account to pay your own fees unless a bill has been delivered or the client has specifically authorised it.

Interest on Client Money

A firm must account to the client for a fair sum of interest earned on client money unless the amount is too small to be worth accounting for, or the client has agreed otherwise. The Rules do not prescribe a fixed rate — the obligation is to pay a “fair sum.”

• Interest should normally be calculated from when client money is received to when it is paid out.
• Client money held on a designated deposit account earns interest for that client directly.

Common SQE1 Exam Scenarios

Exam questions on solicitors’ accounts typically ask whether a specific transaction has been handled correctly. Common scenarios include:

• A solicitor receives a cheque payable to the client — should it go to client account?
• A firm uses client money to pay its own office expenses — is this a breach?
• A client leaves funds on account for months after a matter closes — what obligation does the firm have?

Accountants’ Reports and Compliance

Firms must maintain proper accounting records and reconcile client account balances monthly. An annual accountant’s report must be submitted to the SRA if the firm holds client money above a de minimis threshold, unless the firm opts into the SRA’s alternative regime.

Practise This Topic on Sqewise

Solicitors’ accounts is a topic where precision matters — small misunderstandings translate directly into lost marks. Practise SQE1 accounts questions on Sqewise and track where you need more work on the progress dashboard. For full syllabus coverage, see our SQE1 topics page.

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The Distinction Between Legal and Equitable Interests

The starting point for any land law analysis is whether an interest is legal or equitable. Under the Law of Property Act 1925, only a limited category of interests can exist at law: the freehold estate (fee simple absolute in possession), the leasehold estate (term of years absolute), and certain charges and easements. Everything else — including most beneficial interests under trusts — is equitable.

Why does this matter? Because legal interests bind the world, while equitable interests depend on registration or notice for their enforceability against third parties.

Registered Land: The Land Registration Act 2002

The majority of land in England and Wales is now registered at HM Land Registry. In the registered land system, the register is intended to be a complete picture of title. The key concepts are:

• Registered charges: Must be registered to be legal. A charge registered at the Land Registry takes priority according to the order of registration.
• Overriding interests: Bind the registered proprietor even though they do not appear on the register. The most important for SQE1 are: legal easements that have been used within a year of the disposition; the rights of persons in actual occupation at the time of the disposition who did not conceal their interest on enquiry (Schedule 3, para 2, LRA 2002).
• Overreachable interests: Beneficial interests under a trust of land can be overreached — removed from the land and attached to the purchase money — where the purchase price is paid to at least two trustees or a trust corporation. This protects the buyer even if the beneficiary is in occupation.

Priority of Competing Interests

Under s.29 LRA 2002, a registered disposition for valuable consideration takes free of unregistered interests that are not overriding and not protected by a notice or restriction on the register. The key rule is: protect your interest or risk losing it to a later buyer who registers.

The distinction between a notice (which protects a third-party interest) and a restriction (which regulates how the registered proprietor can deal with the land) is frequently tested. A restriction does not protect an interest as such — it prevents registration of a disposition without compliance with stated conditions.

Co-Ownership and Trusts of Land

Where land is co-owned, it is held on a trust of land under the Trusts of Land and Appointment of Trustees Act 1996. Co-owners hold the legal estate as joint tenants (they cannot hold it as tenants in common at law). They may hold the equitable/beneficial interest as joint tenants or tenants in common.

• Joint tenancy: Right of survivorship operates — on death, the deceased co-owner’s share passes automatically to the survivor(s). There are no shares — all co-owners own the whole together.
• Tenancy in common: Each co-owner has a distinct share. No right of survivorship. On death, the share passes under will or intestacy.

Severance converts a joint tenancy in equity to a tenancy in common (without affecting the legal estate). It can occur by written notice under s.196 LPA 1925, by act operating on one’s own share (e.g. assignment), by mutual agreement, or by mutual conduct.

Easements

An easement is a right attached to one piece of land (the dominant tenement) that is exercisable over another piece of land (the servient tenement) owned by a different person. To be capable of being an easement, the right must satisfy the Re Ellenborough Park criteria: there must be a dominant and servient tenement, the right must accommodate the dominant tenement, the tenements must be owned by different persons, and the right must be capable of forming the subject-matter of a grant.

Easements can be created expressly, impliedly (under s.62 LPA 1925, the rule in Wheeldon v Burrows, or by necessity), or by long use (20 years under the Prescription Act 1832).

Covenants

Freehold covenants are promises about the use of land. The original parties are always bound at law. The question of whether successors in title are bound is more complex:

• Burden of a restrictive covenant: passes in equity to successors if the covenant was negative in substance, intended to run, the successor had notice, and the covenantor owned the dominant land.
• Burden of a positive covenant: does not pass in equity. Various workarounds exist (chain of indemnity covenants, estate rentcharges) but none are perfect.

Practise This Topic on Sqewise

Land law questions in FLK2 often involve multi-issue scenarios combining registration, overriding interests, co-ownership, and easements in a single set of facts. Regular practice questions are the most effective way to develop the analytical speed these questions require. See all covered topics or try our full mock exams.

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Murder: The Actus Reus and Mens Rea

Murder is a common law offence. The actus reus is the unlawful killing of a human being under the King’s peace. The mens rea is malice aforethought, which means either:

• An intention to kill; or
• An intention to cause grievous bodily harm (GBH)

Intention here means direct or oblique (indirect) intention. Direct intention is where the defendant’s purpose is to kill or cause GBH. Oblique intention arises where death or GBH is not the defendant’s purpose but is a virtually certain consequence of their actions, and the defendant appreciated that to be so (R v Woollin). This is an evidential rule — foresight of virtual certainty is evidence from which the jury may infer intention, not a definition of intention.

Voluntary Manslaughter: Partial Defences to Murder

Three partial defences can reduce a murder conviction to voluntary manslaughter. They do not result in acquittal — they result in a conviction for the lesser offence, which carries a discretionary rather than mandatory life sentence.

Loss of Control

The Coroners and Justice Act 2009 replaced the old provocation defence. The defendant must show:

1. They lost self-control (which need not be sudden);
2. The loss of control was attributable to a qualifying trigger (fear of serious violence from the victim, or circumstances of an extremely grave character causing the defendant to have a justifiable sense of being seriously wronged); and
3. A person of the defendant’s sex and age with a normal degree of tolerance and self-restraint in the same circumstances might have acted in the same way.

The defence is excluded where the defendant incited the trigger as an excuse for violence, or where the trigger is purely sexual infidelity.

Diminished Responsibility

Under s.2 Homicide Act 1957 (as amended by the 2009 Act), the defendant must prove on the balance of probabilities:

• An abnormality of mental functioning arising from a recognised medical condition;
• That substantially impaired their ability to understand the nature of their conduct, form a rational judgment, or exercise self-control; and
• That provides an explanation for, or is a significant contributory factor in, the killing.

The 2009 Act tightened diminished responsibility significantly. The abnormality must now arise from a recognised medical condition — this excludes intoxication alone, though voluntary intoxication combined with an underlying condition may still qualify.

Suicide Pact

Where the defendant kills another person in pursuance of a suicide pact (a mutual agreement to die) and survives, they may rely on this defence. It arises rarely in SQE1 questions but should be known.

Involuntary Manslaughter

Involuntary manslaughter is unlawful killing without the mens rea for murder. There are two main types tested in SQE1:

• Unlawful act manslaughter (constructive manslaughter): The defendant commits an unlawful act (must be a criminal act — a civil wrong is insufficient); the act is objectively dangerous (likely to subject the victim to some harm, albeit not serious harm); and death results. The defendant need not foresee any harm at all.
• Gross negligence manslaughter: The defendant owes a duty of care to the victim; they breach that duty; there is a serious and obvious risk of death; and the breach is so grossly negligent as to be criminal (R v Adomako). This form frequently arises in professional contexts — doctors, care home workers, employers.

Key Exam Technique for Murder/Manslaughter Questions

SQE1 questions on this topic often present a scenario where the defendant has caused a death and ask you to identify the most appropriate charge, or whether a partial defence applies. Work through a clear structure:

• Can the prosecution establish the actus reus and mens rea of murder?
• If yes, do any partial defences reduce it to voluntary manslaughter?
• If the mens rea for murder is absent, does the conduct constitute involuntary manslaughter?

Don’t rush to the partial defences before confirming murder is made out — this is a common error that costs marks.

Practise This Topic on Sqewise

Criminal law scenarios in FLK2 require quick, confident application of these rules to complex fact patterns. The best preparation is volume — working through varied practice questions until the framework becomes instinctive. Practise FLK2 criminal law on Sqewise, review your performance on the progress dashboard, and explore the full SQE1 topic list.

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