CILEX Professional Qualification (CPQ) Advanced Stage: Property and Probate Practice Syllabus

Advanced Stage: Property and Probate Practice syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Advanced Stage: Property and Probate Practice in CILEX Professional Qualification (CPQ), not a summary of it.

1. 1

   Residential Conveyancing Procedure

   3 topics

   • Stages of a freehold conveyancing transaction
     • Pre-contract, exchange and completion
     • Post-completion: SDLT and registration
   • Investigating title and raising enquiries
     • Searches and pre-contract enquiries
   • Drafting the contract and the Standard Conditions of Sale
2. 2

   Leasehold and Commercial Property

   3 topics

   • Leasehold conveyancing and lease terms
   • Commercial leases and security of tenure
     • The Landlord and Tenant Act 1954
   • Mortgages and acting for the lender
3. 3

   Wills and the Law of Succession

   4 topics

   • Validity of wills
     • Formalities under the Wills Act 1837
     • Testamentary capacity and intention
   • Revocation, alteration and revival of wills
   • Intestacy rules and distribution
   • Family provision claims
     • Inheritance (Provision for Family and Dependants) Act 1975
4. 4

   Probate and Estate Administration

   4 topics

   • Obtaining the grant of representation
     • Grants of probate and letters of administration
   • Duties and powers of personal representatives
   • Collecting assets, paying debts and distributing the estate
   • Inheritance tax on death
     • Nil-rate band, exemptions and reliefs

Advanced Stage: Property and Probate Practice flashcards for CILEX Professional Qualification (CPQ)

22 of 58 cards from the Advanced Stage: Property and Probate Practice deck — real questions with worked answers.

1. What are the three main stages of a freehold conveyancing transaction?

   (1) Pre-contract (investigation of title, enquiries, searches, drafting and approving the contract); (2) Exchange of contracts (the point at which the agreement becomes legally binding); (3) Completion (and post-completion: paying SDLT and registering the buyer at HM Land Registry).

2. In conveyancing, what is the legal significance of exchange of contracts?

   Exchange is the moment the parties become contractually bound. Before exchange either party may withdraw without liability ('subject to contract'); after exchange, neither can withdraw without breaching the contract and incurring liability.

3. What is the difference between registered and unregistered title investigation?

   For registered land, title is investigated by examining official copies of the register and title plan from HM Land Registry. For unregistered land, the seller proves title through an epitome of title and the chain of title deeds, starting from a good root of title.

4. In unregistered conveyancing, what is a 'good root of title' and how old must it be?

   A document that deals with the whole legal and equitable interest, adequately describes the property, contains nothing casting doubt on title, and is at least 15 years old at the date of the contract.

5. What are the three registers that make up a registered title at HM Land Registry?

   (1) Property Register (describes the land, estate and any benefiting rights); (2) Proprietorship Register (states the class of title, names the registered proprietor and any restrictions); (3) Charges Register (records burdens such as mortgages, covenants and easements).

6. What are the four classes of registered title at HM Land Registry?

   Absolute title (the best, fully guaranteed); good leasehold title (lease guaranteed but freehold reversion not investigated); possessory title (based on actual possession or adverse possession); and qualified title (subject to a specified defect or reservation).

7. What is the purpose of pre-contract enquiries and a Local Land Charges (LLC1) / CON29 search?

   Pre-contract enquiries (e.g. Form TA6 Property Information Form) elicit information about the property because caveat emptor applies. The LLC1 reveals registered local land charges, and the CON29 reveals planning, building regulations, road and other local authority matters affecting the property.

8. Which standard searches does a prudent buyer's conveyancer routinely carry out?

   Local authority search (LLC1 and CON29), drainage and water search (CON29DW), environmental search, chancel repair search, and any location-specific searches (e.g. coal mining); plus a pre-completion priority search (OS1) at HM Land Registry.

9. What does the principle of caveat emptor mean in conveyancing, and how does the buyer's conveyancer respond to it?

   'Let the buyer beware' - the seller is under no general duty to disclose physical defects in the property. The buyer's conveyancer responds by raising enquiries, carrying out searches and arranging a survey to discover defects.

10. What is the standard form contract used in residential conveyancing and which conditions are usually incorporated?

    The Law Society's Standard Form of Contract incorporating the Standard Conditions of Sale (SCS) for residential transactions, or the Standard Commercial Property Conditions (SCPC) for commercial transactions.

11. Under the Standard Conditions of Sale, what deposit is payable and when is the contractual completion date?

    A deposit of 10% of the purchase price is payable on exchange. In the absence of an agreed date, completion takes place 20 working days after the date of the contract.

12. Under the Standard Conditions of Sale, when does the risk in the property pass to the buyer?

    Risk passes to the buyer on exchange of contracts, so the buyer should insure the property from exchange. The seller is not obliged to maintain insurance between exchange and completion (subject to any special condition).

13. Under the Standard Conditions of Sale, what is the contractual completion time and what happens to interest if a party completes late?

    Completion must occur by 2:00 p.m.; if money is received after that time, completion is treated as taking place on the next working day for the purpose of apportionment and interest. The defaulting party pays contractual interest (compensation) at the contract rate on the outstanding amount.

14. What is a 'notice to complete' and how long does it give the recipient under the Standard Conditions of Sale?

    Where one party fails to complete on the agreed date, the other may serve a notice to complete making time of the essence, requiring completion within 10 working days (excluding the day of service); failure then allows the innocent party to terminate and forfeit/recover the deposit.

15. Define a lease (leasehold estate) and distinguish it from a freehold estate.

    A lease is a term of years absolute - the right to exclusive possession of land for a fixed or periodic duration, granted by a landlord (reversioner) to a tenant. A freehold (fee simple absolute in possession) is ownership for an indefinite duration.

16. What three requirements must be satisfied for a valid lease (the essential characteristics of a tenancy)?

    (1) Exclusive possession; (2) for a certain/ascertainable term (certainty of duration); and (3) generally at a rent (though rent is not strictly essential). These distinguish a lease from a mere licence (Street v Mountford).

17. What is the difference between an assignment and an underletting (sub-lease) of leasehold property?

    An assignment transfers the whole of the tenant's remaining term to a new tenant (the assignee steps into the tenant's shoes). An underletting grants a new, shorter lease out of the existing lease, so the original tenant remains and becomes the sub-landlord.

18. What is an 'alienation' covenant in a lease, and what are the three common forms of restriction?

    An alienation covenant controls dealings such as assignment or subletting. Forms are: absolute (no dealing permitted), qualified (permitted only with landlord's consent), and fully qualified (consent not to be unreasonably withheld - implied into qualified covenants by s.19 Landlord and Tenant Act 1927).

19. What is forfeiture of a lease, and what protection does a tenant have for non-payment of rent and other breaches?

    Forfeiture is the landlord's right (where reserved) to terminate the lease for breach and re-enter. For non-rent breaches the landlord must serve a s.146 notice (LPA 1925) before forfeiting; the tenant may apply for relief from forfeiture, and for rent arrears relief is available under court rules.

20. Which Act gives business tenants security of tenure, and what is the effect?

    Part II of the Landlord and Tenant Act 1954. A qualifying business tenancy does not end automatically at the term date but continues until terminated in accordance with the Act, and the tenant has a right to apply for a new tenancy on similar terms.

21. On what grounds can a landlord oppose the grant of a new business tenancy under s.30(1) of the Landlord and Tenant Act 1954?

    Seven grounds (a)-(g): (a) tenant's failure to repair; (b) persistent delay in paying rent; (c) other substantial breaches; (d) suitable alternative accommodation offered; (e) sub-letting of part where the whole would let for more; (f) landlord's intention to demolish or reconstruct; and (g) landlord's intention to occupy for its own business or residence.

22. Which of the s.30(1) Landlord and Tenant Act 1954 grounds give the tenant a right to compensation, and how is it calculated?

    The 'no-fault' grounds (e), (f) and (g). Compensation is the rateable value of the holding multiplied by a statutory multiplier (currently 1), or twice the rateable value if the tenant (or predecessors in the same business) has occupied for 14 years or more.

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