CILEx F4 Property and Private Client Practice Test

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• Under rules on property passing intestate, if there is a surviving spouse with no children, what portion does the spouse receive?
• What does SRA Guidance recommend about acting for both seller and buyer?
• According to Banks v Goodfellow [1870], what criteria must a testator meet to have capacity to make a valid Will?
• Under a Green Deal, which description is correct?
• Selling a home that is your principal private residence generally:
• Which statement best describes the purpose of an official search with priority?
• Which body publishes the Conveyancing Protocol?
• In replies to the Completion Information and Undertakings Form TA13, the seller's lawyer has given a professional undertaking. What is the nature of that undertaking?
• The register shows a right of way over an unadopted lane. This is which type of property right?
• In the described cottage purchase scenario, which pre-contract step would the buyer's solicitor most appropriately undertake?
• In a registered title sale with an existing mortgage, who should submit a certificate of title?
• In such circumstances, which part of the estate could be used to satisfy the pecuniary legacy, but only if it has not been specifically given to another beneficiary?
• Under statutory requirements for a contract for the sale of land, can the seller and buyer sign one copy each provided the copies are identical?
• Which form is the Fittings and Contents Form?
• General Legacy example?
• Under s101 and s103 of the LPA, power of sale arises when which condition is met?
• Which standard condition deals with the timing and mechanics of completion?
• When registering a TR1 to record co-ownership, which restriction will HM Land Registry enter in the proprietorship register?
• The use of that part to satisfy the pecuniary legacy would require consent from which person?
• A Commons Registration Search indicates what about common land?
• Which mortgage type is designed to repay the full loan by the end of the term?
• Which account should money received in a property transaction be paid into initially?
• Which statement about a professional undertaking given by a law firm is correct?
• Which statement best describes the effect of a Form A restriction in a co-ownership scenario when the sale is by two trustees?
• Which description best reflects a Buildings Survey?
• A will leaves £10,000 to Ned, who is eight at the time of the will. Ned dies aged 14 after the testator dies. What happens to the £10,000?
• In the absence of contract stipulating otherwise, which passes with the land: fixtures or fittings?
• Under airspace rights, which statement is correct?
• What is the legal position if one of the personal representatives personally buys the deceased's house from the estate after it has been advertised for sale by an estate agent?
• What is the primary purpose of the Inheritance Tax (IHT) form in probate procedures?
• An executor selling property owned by the deceased should normally give which form of title guarantee under the contract?
• Who must take steps regarding non-owning occupier consent form, and who must not advise the occupier?
• Which form is used to obtain the IHT reference number online for probate?
• Which evidence will the buyer's lawyer require to show the surviving owner's authority to sell a freehold property where the deceased owner is still shown on the register?
• Which term refers to the right to take something from land?
• What is the interest rate provided for in contracts incorporating the Standard Conditions of Sale (Fifth Edition - 2018 revision)?
• Will the Law Society Code for Completion by Post apply to this transaction?
• Which statement correctly defines a fee simple absolute in possession?
• For the beneficial interest, given unequal contributions, what is the most appropriate form of ownership?
• Under the Law of Property Act 1925, which of the following is a legal interest in land?
• Which statutory provision governs the creation of a valid deed?
• In relation to the disposition of a beneficiary's interest when a property is sold, which statement is correct?
• Which form is used to record how the beneficial interests are to be held in a jointly owned property?
• An injunction is an equitable remedy that does which of the following?
• Which step involves the giving of a professional undertaking by the seller's lawyer to the buyer's lawyer?
• Which of the following would be a prudent single step for the buyer's lawyer to require to help ensure that all parties release any interests they may have in the house and vacate on completion?
• In a postal probate application, which form is typically required to start the process?
• Replies to enquiries raised are described as:
• In the described sale, which form would be used to check whether there are any adult non-owning occupiers in the property?
• If the title is registered in the seller's maiden name, which document would help verify the seller's identity?
• Which document must a solicitor obtain from the lender before exchanging contracts when the purchase is funded by a mortgage?
• Who bears the burden of proving lack of testamentary capacity in Banks v Goodfellow?
• Under SRA regulation, when may a solicitor act for both lender and buyer in a residential purchase?
• If two people own a property as beneficial tenants in common, can each leave their share by will?
• Capital Gains Tax is a tax on:
• What is the primary purpose of the TA13 Completion Information & Undertakings Form in conveyancing by post?
• Flood Search covers which types of flood risk?
• Latent defect is defined as what?
• What is the maximum amount that can be paid into a Lifetime ISA each year by an individual up to the age of 50?
• Under the Transparency Rules, which obligation must regulated firms provide regarding their legal services?
• The case Long and Fever emphasises the need to avoid intermeddling in the estate. Which principle does this reinforce?
• Which of the following is an example of a legal remedy?
• Which topic is commonly revealed by searches and enquiries?
• Which form is typically used to record the transfer of the whole legal title of a registered freehold property?
• Which is the correct chronological order of steps in a conveyancing transaction from earliest to latest?
• Entitlement of Spouses: Which statement is true about acquiring property?
• In a sale using the Fifth Edition SCoS, once contracts have been exchanged and the transaction is ready for completion, what is the status?
• Entitlement of Spouses: In the Schedule 1 IEA 1925, equality money is payable when the value of the property exceeds the sum due of inheritance. Which statement is true?
• Timba dies intestate with a brother, a half-sister, an aunt and elderly maternal relatives surviving. Who would be entitled to his estate?
• In the context of a Will, the term 'issue' refers to the beneficiary's what?
• Which issue is identified as a likely source of conflict in wills?
• A contract incorporates the Standard Conditions of Sale Fifth edition - 2018 revision) and contains no additional special conditions. Contracts have been exchanged and the transaction is ready for completion. What method should be used to pay the balance of the purchase price to the seller's lawyer on completion?
• Which statement best defines a term of years absolute?
• In a sale by the survivor of two co-owners who held as beneficial joint tenants, which statement correctly reflects the register status before completion?
• Patent defect is defined as which?
• Which entity enters a Form A restriction when co-ownership is registered?
• Which topics are included in CON29 Enquiries?
• In a registered land transfer, which action completes the transfer of ownership?
• George is selling his house. A trainee lawyer has been asked to carry out a pre-exchange file review on George's file to check all steps have been carried out in readiness for exchange of contracts. A redemption figure has been obtained for the existing mortgage and replies to enquiries given to the buyer's lawyer. In addition to the redemption figure and replies to enquiries, the trainee lawyer should also expect to find on file:
• What is the nil-rate band threshold for inheritance tax as stated?
• What is the typical method of paying the balance on completion under the standard conditions when there are no additional conditions?
• A couple buying a new house together in their joint names will automatically hold the legal estate as which?
• Which standard condition addresses the disclosure of incumbrances?
• Which form is the Completion Information and Undertakings form?
• Which organisation is responsible for producing the Conveyancing Protocol and the Transaction (TA) forms?
• Energy Performance Certificates are valid for how long from the date they are prepared?
• What is the residential SDLT rate for properties valued between £925,000 and £1.5 million?
• Under s31 Trustee Act 1925, if property is held for a minor beneficiary and the gift carries a right to immediate income, personal representatives may apply the income for which purposes?
• What is the rate of inheritance tax charged on the value above the nil-rate band (£325,000)?
• The Charges Register records what type of matters?
• Under s205(1)(x) Law of Property Act 1925, which of the following is included as land?
• Which organization provides guidance on dual representation in conveyancing?
• Why is it important to check for such registrations?
• At which stage of the conveyancing process would the seller's lawyer respond to questions raised by the buyer's lawyer about the title?
• A transfer of a freehold property in England is a notifiable transaction for SDLT purposes unless the price paid for the property is less than:
• Which forms must be used to make an application for first registration of title to land (as prescribed by HM Land Registry)?
• What is the time frame for submitting the SDLT payment after completion?
• In whose name(s) should the Official Search be made when the buyer is funding the purchase with a mortgage loan?
• What is a pecuniary legacy?
• If the TA6 misstatement induced the buyer to enter into a contract, what remedy would the buyer most likely pursue?
• Which case emphasised the importance of due diligence in respect of identity?
• Regarding the tree in the garden, what is the legal position if it is included in the TA10 and the contract uses the Standard Conditions of Sale?
• Trust policies and administration: Under s11 of the Married Women's Property Act 1882, what does a life insurance payable to a spouse or child create?
• Under the implied creation of Easements, which factor is evidence?
• Which mortgage type is named after an endowment policy used to repay the loan at maturity?
• What is the latest time for completion under the Standard Conditions of Sale if the seller is not in default?
• What document will the lawyer expect to receive on completion of the registration?
• What is the purpose of Form JO in relation to a jointly owned property?
• CON29M relates to coal mining. Which information does it reveal?
• What is the purpose of a Form A ('co-ownership') restriction?
• A title registered just under 20 years ago is described as possessing a freehold title. What is a likely implication for the buyer?
• In Form TR1, where are the co-owners' shares specified for co-ownership?
• Easements can be an example of an interest that can be either legal or equitable. Which option is the correct interest?
• Which term best describes the highest quality title for a property with a registered freehold?
• In the Special Conditions of Contract, which topic is addressed by the option commonly known as vacant possession on completion?
• Which mortgage type is named after a retirement fund arrangement?
• Where is a restrictive covenant typically protected?
• The application for registration should be completed within how long after the date of the transfer deed?
• The TA6 form is a Property Information Form used to confirm information about occupiers. What occupancy detail does it address?
• In a property transaction where the buyer borrows to purchase and the title is registered, who is a client of the lawyer?
• Which statement about EPC penalties is correct?
• Easements are: best described as which?
• Which organisation is responsible for issuing the documentation granting a personal representative the authority to sell a sole registered proprietor's property after death?
• Pecuniary Legacy example?
• Which topic is typically raised in enquiries?
• Estate agent's fees will normally be paid when?
• How much Stamp Duty Land Tax (SDLT) is payable on a £275,000 purchase by a couple who have never owned property before?
• If a lawyer lodges the tax return three weeks after the deadline, what is the automatic fixed penalty?
• In the scenario of the first plot of a newly built estate with a single registered title, which purchase deed form is used?
• Within what time limit must a Land Transaction Return be submitted to HMRC in respect of the purchase and SDLT paid?
• Which professional body issues the documentation granting authority to sell a sole registered proprietor’s property after death?
• Which standard condition covers responsibility for the property pending completion?
• The Condition Report Survey is carried out by which professional body?
• Which step occurs before exchanging contracts in the provided sequence?
• Su and Kim sever their joint tenancy. How will they co-own the property after severance?
• Which form is the Leasehold Information Form?
• What is the purpose of Form DJP?
• What is the legal status of the title to a commonhold property?
• Which statement describes what is included on the mortgage offer?
• The Transparency Rules form part of which regulatory framework?
• Completion will be carried out in accordance with which code when completion by post is used and both sides adopt the Conveyancing Protocol?
• Which code specifically governs completion by post?
• When land adjacent to a house is registered as common land, what public rights may arise?
• Which form contains completion information and undertakings that the seller’s replies relate to in a completion by post?
• Which statement about restrictive covenants is true?
• Specific Legacy example?
• Administration of Estate Act 1925: Which provision allows appointment of additional trustees if a minor is a beneficiary?
• Which of the following is an example of a latent defect in title that cannot be discovered by inspection?
• What is the best class of title for a registered freehold title?
• In relation to the redemption process, which statement about the daily rate is correct?
• Which items are typically raised in enquiries?
• A rentcharge is best described as?
• Which of the following is not a legal estate?
• What is the purpose of the title plan?
• Which of the following is capable of being a legal interest affecting freehold land?
• Which statement is a characteristic of an easement?
• If replies to enquiries are incorrect, what may be the consequence?
• How can a solicitor discover whether the title to a property is registered?
• Which form is the Property Information Form?
• Which form of deed is used to transfer the legal title of Bam's grandmother's house to Bam after Bam's grandmother left the house to him in her Will?
• What is the residential SDLT rate for properties valued between £250,000 and £925,000?
• Which of the following best describes the purpose of the Completion and Undertakings Form (TA13)?
• Which type of mortgage is most appropriate if the loan is to be repaid in full by the end of the term, including interest?
• Which purpose does the Green Deal scheme serve?
• In intestacy where there are children, who receives the statutory legacy?
• In SDLT terms, the notifiable threshold for a transfer of a freehold property is what amount?
• According to Maitland's equity concept, which class of person is not bound by an equitable right?
• What is the purpose of the Society of Trust and Estate Practitioners (STEP)?
• How is the Condition Report Survey rated?
• Which statement best describes the burden of an easement on the servient owner?
• Which items are included in land under surface limitations?
• In mortgage enforcement on a commercial premises, what is the primary role of a receiver appointed by the lender?
• Which topic is addressed by standard condition 2 of the standard contract?
• Applying for a grant of probate: If the estate is not complex, which IHT form is sent to the probate registry?
• Which principle is explicitly included in the Council for Licensed Conveyancers' code of conduct?
• Which statement about Private Residence Relief and CGT is true?
• Under the Administration of Estate Act 1925, which provision empowers personal representatives to appropriate any part of the estate provided there is no prejudice to a specific beneficiary?
• Which standard condition addresses the available remedies for breach of contract?
• A buyer's solicitor is checking pre completion searches for a property whose title spans two title numbers and is owned by the builder. Which set of gap answers correctly completes the sequence: Gap 1, Gap 2, Gap 3, Gap 4?
• Who is typically responsible for answering title queries at the pre-contract stage?
• Which mortgage type is described as a loan repaid over time with regular payments of both principal and interest?
• The Standard Conditions of Sale (5th edition - 2018 revision) provide that the deposit paid by the buyer on exchange of contracts must be held by the seller's lawyer in a particular way. Which of the following is true?
• Which statement best describes the effect of a Form A restriction on the register?
• Which statement describes what an official search with priority confirms?
• When does the legal estate pass to the new owner in a sale of land that is registered?
• If registration is delayed, third party interests may gain priority over the buyer. Which option best completes this statement?
• Which form would be used to apply for registration of a client's purchase of a property with registered title?
• Which statement about underground resources is true?
• What can the beneficiary or creditor do under probate tracing?
• Which form of Land Registry search is used when the buyer is purchasing part of the seller's registered land?
• Who would be the client(s) when a lawyer is instructed to act in the winding up of a deceased person's estate?
• Form CON290 is used to raise optional enquiries of the local authority and contains an enquiry relating to registrations under which Acts?
• Which item is covered within the Property Information Form TA6?
• Which action would mean Pedro's existing Will is destroyed under the described circumstances?
• Who must execute the transfer to the buyer in Form TP1?
• What is included in a title report in a property transaction?
• Which section of the UK Finance Lender's Handbook deals with standard instructions when acting for a lender but not the borrower?
• There are two legal estates and five legal interests. Which of the following is one of the two legal estates?
• Which statement best describes Formula A exchange in conveyancing practice?
• The TA10 form records which category in a property sale?
• What does the phrase caveat emptor mean?
• Which statement best describes Formula C exchange in conveyancing practice?
• Which item would be included in the enquiries list?
• In the Banks v Goodfellow capacity test, what is included among the 'moral claims' the testator ought to consider?
• Which of the following is an example of a legal interest created by common law?
• According to the material, who owns coal?
• In a transaction where the first plot forms part of a newly built residential estate and the estate has a single registered title, which form of purchase deed is used?
• Which statement best describes what a Homebuyer Report contains?
• In relation to an endowment mortgage, which statement is correct?
• Which statement correctly describes the legal interest?
• Which covenant type imposes an obligation to perform an act or spend money?
• Which statement about replies to enquiries is true?
• The owner died; executors pre-deceased; personal representatives derive their authority to act under which document?
• In relation to redemption statements, what is the significance of the 'daily rate' when redemption is delayed?
• How much is the current statutory legacy payable to a surviving spouse or civil partner when a person dies intestate leaving issue (children)?
• Before exchanging contracts in a sale where a co-owner has died, which of the following steps should the buyer's lawyer take first?
• Demonstrative Legacy example?
• Which HM Land Registry form is used to transfer the whole of the legal title of a registered freehold house?
• Capital Gains Tax is a tax on profit from disposing of an asset that has increased in value. What is the annual tax-free allowance?
• Small payments and administration: What is the upper limit for payments without a grant?
• Guarantor liability for a mortgage generally means what?
• Which equitable remedy requires the contract to be performed as originally agreed?
• An easement is terminated by which of the following when the dominant and servient land are owned and possessed by the same person?
• In a sale by two trustees where Form A (co-ownership) restriction exists, what is the effect on the buyer?
• Which two forms are required for first registration of title to land?
• In an endowment mortgage, the monthly instalments paid to the lender consist of what?
• Which edition of the Standard Conditions of Sale is incorporated into the contract?
• What is a key feature of an easement by prescription?
• In the example, which items are covered by the TA10 form?
• What does CON29DW reveal?
• In mortgage possession proceedings, the court may stay, suspend or adjourn if there are reasonable grounds that the mortgagor can do what?
• Probate application: Which documents are typically sent alongside the IHT forms when applying for probate?
• What is the purpose of a Certificate of Title?
• Which of the following is covered by a standard pre-contract enquiry in the TA6?
• Which statement describes the action the daughter should take regarding her rights in the property on completion?
• Who is typically responsible for paying Stamp Duty Land Tax in a residential conveyancing transaction?
• Which case is associated with fittings?
• Which register is most likely to contain the title number?
• Which ONE of the following statements regarding the Law Society Conveyancing Protocol is correct?
• In conveyancing, if a licensed conveyancer acts for both the seller and the buyer, what is required to avoid conflicts?
• Which statement best describes the ownership of property held as beneficial tenants in common in equal shares?
• In a property transaction, is a solicitor allowed to represent both the seller and the buyer in the same transaction if there is a risk of conflict?
• A contract incorporates the Standard Conditions of Sale Fifth Edition - 2018 revision. Which edition is being used?
• What does full title guarantee mean?
• Griff has made arrangements for Griff's elderly father Griff to leave his whole estate to Carly. Which ONE statement correctly describes whether this creates an issue of professional conduct for the lawyer?
• When is a bankruptcy search typically required in a property transaction?
• Under intestacy rules, if there is a surviving spouse and children, what does the spouse receive?
• Which statement best describes the primary purpose of the Charges Register?
• Failure to respond to an HMLR requisition could lead to the registration application being cancelled. Which option best completes the sequence of consequences?
• Which item is listed in the outdoor area of TA10?
• Which form would be used to make the Land Registry application for a client's purchase of a property with registered title?
• Which item is listed in the 'outdoor area' section of the Fittings and Contents Form TA10?
• Which edition of the Standard Conditions of Sale corresponds to the 2018 revision?
• Which element is listed as part of the Proprietorship Register?
• Which statement correctly identifies a fixture according to attachment criteria?
• Which statement best describes monthly instalments in an endowment mortgage?
• Which combination of cases relates to fixtures and fittings?
• A donor can make two types of Lasting Power of Attorney. Which two types are they?
• Which items are listed on the register in the described example?
• Which of the following is not listed as a defined standard within the Conveyancing Quality Scheme?
• A trainee lawyer is assisting with the sale of a listed property which has a registered title. The seller's title will need to be deduced to the buyer's lawyer as part of the pre-contract package. Which of the following will need to be provided in order to deduce title under the Standard Conditions of Sale (5th edition - 2018 Revision)?
• Title Absolute is described as?
• What items are contained in the Property Register?
• Which condition applies to Help to Buy Equity Loan?
• In co-ownership, what is the effect of overreaching on registration of a transfer?
• Which standard condition addresses the time limit for deducing title?
• Undertakings are a key concept in conveyancing. Which option represents an undertaking?
• Under the Prescription Act 1832, rights that have been used continuously for 40 years or more become what?
• A purchaser is buying a house where their son has lived there since 2020 but contributed nothing financially. Which statement best describes the action required during the sale in relation to the son?
• Which of the following is an example of a patent defect in title that can be discovered on inspection?
• An Environmental Search checks for what type of risks or costs?
• Equitable interests are described as which of the following?
• What is the purpose of a Chancel Repair Liability Search?
• Which item is commonly associated with SRA ethical oversight?
• During probate procedures, which form is typically returned to HMRC?
• An OS1 search result provides protection for how long?
• A couple on a 12-year-old property asking what survey to obtain. Which option correctly lists the most appropriate survey choice for a purchaser who does not plan major changes?
• A restrictive covenant on land is defined as what?
• A seller made a false statement when replying to the questions in the Property Information Form (TA6). This statement induced the buyer to enter into a contract with the seller. What will be the legal effect of this statement?
• Probate application fee: Estate over £5,000, what is the fee?
• What is a key requirement for establishing an easement by prescription?
• Apart from solicitors, who is regulated by the SRA Standards and Regulations?
• Vik and Goran have the power to appropriate another part of the estate to pay Ellen's pecuniary legacy provided it has not been specifically given to another beneficiary. Which word completes the sentence?
• Initial Steps after death: Which is the first step?
• What is the lowest energy efficiency rating that can appear on an Energy Performance Certificate for a freehold residential property?
• Which statement is true about the term of years absolute?
• Which form contains the undertaking to discharge an existing mortgage on completion?
• When was the HMLR Portal introduced?
• What is the purpose of carrying out a SIM (Official Search of the Index Map) in property transactions?
• Which statement about Help to Buy ISA is correct?
• Which section of the UK Finance Lender's Handbook covers general instructions?
• Under caveat emptor, which party bears responsibility for discovering relevant issues affecting the decision to purchase?
• What is the purpose of the UK Finance Mortgage Lenders' Handbook?
• In mortgage remedies, what is the role of a receiver?
• If four people own a property as beneficial tenants in common, what is typically shown in the proprietorship register to reflect their interests?
• Which statement best describes Formula B exchange in conveyancing practice?
• The transfer does not take effect at law until registered. When does it take effect?
• What is the primary purpose of the Law Society Conveyancing Protocol?
• A buyer's lawyer will need to carry out a bankruptcy search on their client only in which circumstance?
• Which form is used to disclose occupier details in pre-contract enquiries?
• Which regulatory body governs the professional conduct of solicitors in the UK?
• A legal easement is best described as?
• Under the Standard Conditions of Sale (Fifth Edition - 2018 revision), how may the deposit on exchange of contracts be paid?
• The Conveyancing Protocol is published by which body?
• Which case law relates to the approval of telephone exchange in property transactions?
• What does title checking primarily confirm?
• Five buyers purchase a freehold house as beneficiaries in common in equal shares. What will the proprietorship register show?
• In a sale where the sellers are the registered owners and the buyers acquire as beneficial tenants in common, which party must execute the Form TR1 transfer to convey the property?_
• What is the effect of a restrictive covenant that restricts use of the property to residential purposes?
• In the context of Betty’s identification requirements, which combination below would fully satisfy the firm’s identification process in typical practice?
• Which statement best describes landlord covenants in a lease?
• Title checking primarily confirms what?
• s27 Trustee Act 1925: Which set of statutory advertisements is required?
• Under what condition can a possessory title be upgraded to absolute after a period of time?
• Initial steps after death: Which activity is part of the initial steps?
• Which item is listed as a feature of the Proprietorship Register?
• The Land Registration Rules 2003 govern which aspect of land registry matters?
• Under s76 Civil Aviation Act 1982, what is the landowner's right regarding aircraft?
• Which of the following is a core ethical framework expected of all staff in SRA-regulated firms?
• What is an LLC1 Search?
• Which document would evidence authority for personal representatives to act when executors pre-deceased?
• Which statement about fee simple absolute in possession is true?
• If a property has a lease, which form provides information about the lease terms in conveyancing?
• Under the Law Society Conveyancing Protocol, when does the Code for Completion by Post apply?
• A positive covenant on land typically requires the owner to do something, often expending money. Which option best describes this?
• Which form is used to renounce probate?
• Why is no capital gains tax (CGT) payable on Lois's sale of her house in the scenario?
• Which item would be shown on Mira's completion statement according to the material?
• Which statement best describes the Help to Buy Equity Loan?
• Which event triggers the 14-day deadline for submitting the Land Transaction Return?
• Which mortgage remedy transfers the property from the mortgagor to the mortgagee?
• Which register entry would relate to an equitable interest?
• The Buildings Survey is described as which of the following?
• What is the fixed civil penalty for non-compliance with an EPC Certificate?
• Which of the following is not listed as a defined standard within the Conveyancing Quality Scheme?
• Title Possessory does what in relation to prior rights?
• What must a lawyer ensure they have on file prior to exchanging contracts when their client buys with a mortgage?
• What must the son sign to protect the lender's interest in relation to the mortgage?
• What does CON29O cover?
• Which scenario would require a Grant of Administration with the Will annexed?
• Which deed is used to transfer the legal title to Bam under a Will to Bam?
• Which statement about the Banks v Goodfellow (1870) test is accurate?
• Under the Trustee Act 1925, when can the Court relieve liability of a personal representative?