ANSWERS SOLVED 100% CORRECT!!
What is a Article 4 direction when it relates to planning permission and GPDO?
Answer - If there is an Article 4 Direction it means that the GPDO has been
excluded, so the buyers may have to obtain express planning permission for the
extension.
What are the grounds of opposition under s.25 notice when it relates to a lease?
Answer - Issues with repair and maintenance
Persistent delay of rent payment
Breaches of other terms in lease
Alternative suitable accommodation
Tenant was sub-letting
Demolish or restructure property
Landlord will occupy for himself
What is the AR and MR of GBH with intent (s.18)? Answer - AR - To would or to
cause GBH
MR - Intention to cause GBH
How is land transferred upon death by PR's ? Answer - Land is transferred by the
PRs by an assent which, under s.36(4) of the Administration of Estates Act 1925,
must be in writing, must be signed by the PRs and must name the person in whose
favour it is made. If the title to the land is registered, the assent must be in the form
specified by the Land Registration Rules 2003.
What is one of the exceptions where interest is payable on a pecuniary legacy from
the date of death rather than at the end of the executor's year? Answer - Where a
legacy is payable to the testator's own minor child and no other funds exist for the
child's maintenance.
How long is needed to wait for protection from a claim under the Inheritance
(Provision for Family and Dependants) Act 1975? Answer - To be protected from
personal liability for such a claim the executor should have waited for six months
from the grant before distributing the estate. However the claimant can recover
monies from the beneficiaries, if the court permits an application and it succeeds.
When is CGT Payable? Answer - PRs do not pay CGT where an asset is transferred
to a beneficiary.
, How is Income tax payable? Answer - PR does not have a personal allowance and
PRs always pay at the basic rate, in this case 20% for non-dividend income:
Can a PR be removed? Answer - Once a PR has accepted office, the appointment is
for life unless the PR is removed by the court under the Administration of Justice Act
1985 s50.
How would interest on the clients money in a SDBA be recorded? Answer - Interest
earned on client money in a separate designated deposit bank account must be
recorded on the client's ledger account. As it is the client's money it will be recorded
in the deposit section
What is an insolvent estate? Answer - An insolvent estate is one in which there are
insufficient assets to pay all the deceased's debts. Therefore there will never be
funds available to pay pecuniary legacies in an insolvent estate.
Who needs to be there when a youth caution is given? Answer - A youth caution
given to a person aged 17 or under must be given in the presence of an appropriate
adult
What happens when counsel fees are addressed to the firm? Answer - A
concessionary treatment for counsel's fees was agreed between HMRC, The Law
Society and the Bar. This allows a firm to alter the fee note so that it is addressed to
the client. It is then treated on an agency basis and client money may be used to pay
the fees.
When should a firm charge VAT? Answer - The firm must charge VAT on any supply
made in the course of its business, not just on its supply of legal services
Can two suspects of roughly similar appearance be shown in the same ID
procedure? Answer - Where two suspects of roughly similar appearance are shown
in the same images, they may be shown together with at least 12 other people
Who can authorise an interview to take place without a solicitor as requested by the
client? Answer - Inspector or above.
Who needs to give consent to a police ID produced? Answer - The suspect or Where
a juvenile suspect is under 14 years of age, only the consent of the parent (or
guardian) is required.
When should as suspect who is being interviewed get a break? Answer - it is
required that suspects be given a break from interviewing approximately every two
hours
When can an appropriate adult be removed from interview? Answer - When there
are hindering the interview and the removal is authorised by an officer not below the
rank of superintendent