Answers to our inheritance law quiz

Did you test your legal knowledge of inheritance law by taking our short inheritance law quiz?

How did you get on? We would love to hear from you.

We bet you were surprised by some of the answers.

If so then read on for an explanation of the legal principles behind each one:

1. If you get divorced is your Will automatically revoked?

No: Your Will remains valid after divorce, but any gift to your former spouse will be revoked.

2. If you get married is your Will automatically revoked?

Yes: Marriage revokes a Will.

3. Can a murderer benefit from the estate of their victim?

No: The Forfeiture Rule prevents a murderer benefitting from their crime.

4. Can someone under the age of 18 make a will?

Yes: Although the usual age for making a Will is 18. Soldiers who are between 14 and 18 are permitted to make a ‘privileged’ Will.

5. Should you make a Lasting Power of Attorney (LPA) when you have become incapable of managing your affairs?

No: An LPA must be made before you become incapable.

6. Is it true that a beneficiary cannot witness your will?

Yes: While a beneficiary in a Will could technically act as a witness they should not be asked to do so as if they do any gift to them will be void. The Will would however remain valid.

7. Is it true that a step child will automatically inherit from their step parent?

No:  A step child has no automatic right to inherit from their step parent, but they may be able to make an Inheritance Act claim.

8. Can an adopted child bring an Inheritance Act claim against their biological parents if they have no relationship with them?

No: An adopted child’s inheritance rights apply to the estate of the parent(s) who adopted them. They have no inheritance rights against their biological parent(s) following adoption, unless they had a relationship with that parent.

9. If you leave a legacy to one of your children and they predecease you, will their share automatically be inherited by their children?

Yes: Section 33 of the Wills Act 1837 provides for children to inherit their parent’s share of an estate if they predecease. Section 33 can however be excluded in the Will.

10. Is it true that a Will does not have to be dated to be valid?

Yes: A valid Will does not have to be dated, though it can lead to a dispute if there are multiple Wills and it is not clear which is the most recent.

11. Can you can bring an Inheritance Act claim against the estate of someone who deliberately cut you out of their Will?

Yes: You can bring an Inheritance Act claim against an estate even if you were deliberately cut out of the Will, as long as you meet the criteria for bringing a claim under the Act.

12. Can you challenge the will of a living person?

No: A person’s Will cannot be challenged while they are still alive.

 

Please note that the law is applicable to England and Wales. This inheritance law quiz has been devised purely for fun and the information contained within it should not be relied upon. Remember, the law is complex and nuanced and there are frequently exceptions to the general rule! If you have a legal query relating to inheritance law then call our free legal helpline on 0808 139 1599.