Self test questions - Chapter 9

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In which of the following situations does the 1975 Act potentially apply?

Testate succession only correct incorrect

Intestacy only correct incorrect

In cases of both intestacy and where the deceased has left a valid will correct incorrect

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On which of the following matters is the court most likely to focus when adjudicating a claim under the 1975 Act?

Whether the testator has acted unreasonably in failing to make sufficient provision for the applicant. correct incorrect

Whether the provision made by the will for the applicant is reasonable. correct incorrect

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Which of the following are not limited to the 'maintenance' standard?

Children correct incorrect

Cohabitants correct incorrect

Step-children correct incorrect

Civil partners correct incorrect

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What is the usual deadline for the making of a family provision claim, from the date on which representation is first taken out?

One year correct incorrect

Six months correct incorrect

Two years correct incorrect

Five years correct incorrect

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In general, is a court more likely to award capital provision or a life interest to a non-spouse/civil partner?

Capital provision correct incorrect

A life interest correct incorrect

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Which of the following is a circumstance in which the surviving spouse standard can be applied?

The deceased and the applicant had never married or entered a civil partnership but regarded themselves as 'married' correct incorrect

The deceased and the applicant had been judicially separated for four years at the date of the deceased's death correct incorrect

The parties had finalised their divorce six months before the deceased's death but the applicant had not yet applied for financial provision at the time of the death correct incorrect

Where the deceased and the applicant had divorced but moved back in together ten years later without re-formalising their relationship correct incorrect

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What is the relevance of the testator's view of the applicant?

It is decisive correct incorrect

It is irrelevant correct incorrect

It will be taken into account, and the court has a discretion over how much weight to give it correct incorrect

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Which of the following will be by definition ineligible to bring a claim under the 1975 Act?

A sibling correct incorrect

An informal carer correct incorrect

Someone who has no relationship with the deceased other than being maintained for full valuable consideration pursuant to an arrangement of a commercial nature correct incorrect

A parent correct incorrect

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Which of the following is not one of the principles applicable to relief on divorce, relevant to applications by spouses and civil partners under the 1975 Act?

Sharing correct incorrect

Meeting needs correct incorrect

Compensation correct incorrect

The need to avoid a 'meal ticket for life' correct incorrect

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What is the status of the 'divorce expectation' in the context of a claim by a spouse/civil partner

It is a floor correct incorrect

It is a ceiling correct incorrect

It is neither a floor nor a ceiling correct incorrect

It conclusively determines entitlement correct incorrect