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QLTT Head I Syllabus

The syllabus of Head I Property is elaborated below:

Conveyancing

The 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 candidate’s knowledge of the basic principles of land law and the manner in which they apply to conveyancing may be tested by questions on:
  • 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.
  • Mortgages.
  • Leases.
  • 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.
The candidate’s knowledge of conveyancing procedure may be tested by questions that require students to demonstrate that they can:
  • 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 & Administration

The 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

  • 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.



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