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.