SQE2 wills and probate: what the tasks look like

SQE2 wills and probate tasks cover wills, intestacy and administering estates. On the oral day you interview a client and write an attendance note; on written Day 2 you meet written tasks in this area, shared with Property Practice.

OralInterview and attendance note on Day 2

WrittenDay 2: four tasks shared with Property Practice

Area nameWills and Intestacy, Probate Administration and Practice

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Where wills and probate appear in SQE2

The oral interview and attendance note in Wills and Intestacy, Probate Administration and Practice is on oral Day 2. Written Day 2 has four tasks across Wills and Probate and Property Practice: one case and matter analysis, one legal drafting, one legal research and one legal writing task. From 1 September 2026, ethics and professional conduct has its own separate law criterion in SQE2. The interview itself is marked on skills only, so the ethics points belong in the attendance note and the written tasks.

Skill	Typical wills and probate task
Interview and attendance note	Taking instructions for a will, or meeting an executor or a family after a death.
Case and matter analysis	A file with a will, an asset list and family details. Advise on validity, claims and steps.
Legal research	A rule on intestacy, a gift, a family claim or the duties of personal representatives.
Legal writing	A client email on the process, timing and risks.
Legal drafting	A will clause, a codicil or a letter to a beneficiary.

Key law to have ready

Formalities: Wills Act 1837, s 9. A will must be in writing and signed by the testator, or by another person in their presence and by their direction, intending to give effect to the will. The testator must sign or acknowledge the signature in the presence of two witnesses present at the same time, and each witness must then sign or acknowledge their signature in the presence of the testator.
Capacity and approval: the test for testamentary capacity in Banks v Goodfellow (1870), and the need for the testator to know and approve the contents. Know the golden rule for elderly or ill clients: get a medical opinion at the time.
Undue influence and suspicion: see the client alone. Record why you are satisfied the wishes are theirs.
Revocation: by a later will or codicil, by destruction with intention, and by marriage or civil partnership (with exceptions). Know the effect of divorce on gifts to a former spouse.
Intestacy: who inherits under the Administration of Estates Act 1925 as amended, including the position of a spouse or civil partner, children and others. The amount of any statutory legacy is set by statutory instrument, so check the figure in the materials.
Family provision: Inheritance (Provision for Family and Dependants) Act 1975: who can apply, the usual six-month time limit from the grant, and the court's powers.
Administration: grant of probate or letters of administration, the duties of personal representatives, paying debts, protecting against unknown claims and distributing the estate.
Tax: inheritance tax basics, reliefs and who pays. Use any figures given in the task.

Strengthen these with the SQE1 page on wills and the administration of estates and trusts.

Worked mini example

Mr Osei, 81, wants to change his will to leave the whole estate to his carer, Ms Ward, and nothing to his two sons. Ms Ward drove him to the meeting.

Issues: testamentary capacity; knowledge and approval; undue influence; a likely family provision claim.
Law: Banks v Goodfellow; the golden rule; Wills Act 1837, s 9; Inheritance (Provision for Family and Dependants) Act 1975, which allows eligible applicants to apply.
Action: see Mr Osei alone; ask open questions about his assets, family and reasons; arrange a medical assessment of capacity at the time; keep a full note; explain that his sons may challenge the will or claim provision.
Ethics: Mr Osei is the only client; do not take instructions through Ms Ward. If you suspect the instructions are not his own wishes, do not act until you are satisfied they are (Code para 3.1). Keep his affairs confidential, including from Ms Ward (Code para 6.3).

A strong answer shows the practical steps as well as the law, and records the reasons for the choice in the attendance note.

Common mistakes

Reciting the Wills Act without noticing the capacity or influence issue.
Confusing what happens on intestacy with what a will provides.
Missing a time limit under the 1975 Act.
Not distinguishing a personal representative's duties from a beneficiary's rights.
Failing to see a conflict when one person is executor and beneficiary, or when a family member directs an elderly client.
Giving tax advice without checking which tax applies.

Wills and probate checklist

Valid formalities.
Capacity, knowledge, approval.
Influence, suspicion, vulnerability.
Revocation and gifts that fail.
Intestacy shares if no will.
Family provision claims.
Grant, duties, distribution.
Inheritance tax outline.
Ethics: client, conflict, confidentiality.

Skill pages: client interview, attendance note, advocacy, case and matter analysis, legal research, legal writing and legal drafting.

Practise this now

FreeLegal writing
Advising a partner who was not married to the deceasedPassCase and matter analysis
Executor facing a claim from an estranged daughterPassCase and matter analysis
Estate with a lifetime gift: inheritance tax and the grantPassLegal drafting
Drafting will clauses for an elderly clientPassLegal drafting
Will giving a spouse the right to live in the homePassClient interview and attendance note
Dealing with a husband's estate after his deathPassClient interview and attendance note
A nephew named as executor in his aunt's willPassClient interview and attendance note
Taking instructions for a new will from an older clientPassClient interview and attendance note
An adult daughter left out of her father's willPassClient interview and attendance note
A partner of eleven years and no willPassClient interview and attendance note
A single mother making her first willPassLegal research
Gift to the daughter whose husband witnessed the willPassLegal research
Does a husband's will still benefit his wife before divorce?PassLegal writing
Beneficiary wants to pass part of an inheritance on

Questions

What do SQE2 wills and probate tasks cover?

Making wills, intestacy, family provision claims and administering estates. There is an oral interview with an attendance note on oral Day 2, and written tasks on written Day 2, shared with Property Practice.

When are wills and probate tasks in SQE2?

The interview and attendance note are on oral Day 2. The written tasks are on written Day 2, alongside Property Practice.

Do I need to memorise intestacy figures?

Learn the order of entitlement and how the estate is shared. The amount of the statutory legacy is set by statutory instrument and changes from time to time, so use the figure in the task materials and do not rely on memory.

Which cases should I know for wills?

Know Banks v Goodfellow for capacity, as it is the normal name for the test. Know the principles behind the golden rule for older or ill clients.

What SQE1 subjects help with this area?

Wills and the Administration of Estates and Trusts Law, both in FLK2.

Sources: SRA presentation: The SQE2 assessment; SRA: Ethics and professional conduct changes for SQE2 after 1 September 2026; Wills Act 1837; Inheritance (Provision for Family and Dependants) Act 1975; Administration of Estates Act 1925. Checked 10 November 2026.