SQE1 sample questions

Question 79

A man, aged 75, who is in the early stages of dementia has an appointment with a solicitor to make a new will. The man’s current will gives everything to his wife with a substitutional gift to his daughter if his wife predeceases him.

The man tells the solicitor that he has had a serious disagreement with his daughter and no longer wants her to benefit from his will. He would rather the money went to “a good cause” and wants a charity which is researching cures for dementia to be the substitutional beneficiary if his wife does not survive him.

The man gives the solicitor a schedule of his assets which he was able to prepare with his wife’s help.

The solicitor asks for information about the man’s medical diagnosis. The man hands her a medical report which was prepared six months ago which states that he has dementia. It indicates that, although the man exhibits signs of being forgetful, impairment in cognitive function will be gradual. The solicitor talks to the man about the medical examination and she concludes that the medical report is comprehensive.

What action, if any, should be taken by the solicitor to establish that the man has testamentary capacity?

A. She should obtain the man’s consent to consult a medical practitioner to establish whether he is able to make a new will.

B. She need not take any action as she is satisfied that the medical report is comprehensive.

C. She should place a copy of the medical report with the man’s new will to confirm that he had testamentary capacity when he made his new will.

D. She should obtain the man’s consent to consult his wife to verify the accuracy of his instructions.

E. She should obtain the man’s consent to consult his medical practitioner to establish that the medical report is the most recent that has been prepared for him.