QLTT Head I Syllabus
ConveyancingThe candidate should be able to demonstrate
- An understanding of the basic principles of land law and the manner in which they apply to Conveyancing transactions.
- An understanding of the basic principles of contract law and the manner in which they apply to Conveyancing transactions.
- A broad knowledge of conveyancing procedures.
- The nature of third parties’ interests, the rights they generate and the steps that need to be taken to protect purchasers.
- The distinction between joint tenancies and tenancies in common and the manner in which co-ownership can be implied.
- Easements and restrictive covenants.
The candidate’s knowledge of the basic principles of contract law and the manner in which they apply to conveyancing transactions may be tested by questions on
- The impact of the Law of Property (Miscellaneous Provisions) Act 1989.
- The characteristics of the contract required to effect a change of ownership.
- The nature of remedies available for breach of contract in the context of a conveyancing transaction.
- Given a typical range of conveyancing transactions, identify from the documentation: - the extent of the property; in whom the property will vest and what capacity; the encumbrances which will subsist; any unremedied defects in title or matters affecting enjoyment of the property.
- Identify the steps needed to conduct pre-contract and pre-completion searches, identify difficulties arising from the searches and inquiries, including relevant planning considerations, and explain the legal effects of issues identified in the searches and inquiries.
Wills, Probate & AdministrationThe candidate should be able to demonstrate:
- An understanding of the principles involved in wills and estate planning.
- An understanding of the principles involved in drafting testamentary documents (wills and codicils).
- A broad understanding of the nature of estates.
- An ability to ascertain the value of estates and liabilities.
- An understanding of how to obtain the grant of representation.
- An understanding of the principles involved in winding-up estates.
The candidate’s knowledge of Wills, Probate and Administration may be tested by questions that require the student to demonstrate that they are able to
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- Identify the beneficiaries of a range of testate and intestate estates by applying relevant succession law and the rights of the family and dependants of the deceased under inheritance legislation.
- Identify the formalities for the creation of and the effect of the principal provisions in a will.
- Identify the powers and duties of personal representatives and possible problems in obtaining the grant of representation and in the administration of estate.
- Distinguish between the assets and liabilities to be excluded from (a) the estate, (b) the statement of assets and liabilities, by applying the relevant Inheritance Tax and Succession Law.
- Describe the different forms of Inland Revenue accounts and the situations in which each would be prepared.
- Describe the methods for transferring assets to beneficiaries and for varying the devolution of assets having regard to the effect of Capital Gains Tax and Inheritance Tax.