PROPERTY LAW PRACTICE adminDecember 10, 2019 Welcome to your PROPERTY LAW PRACTICE Name Email Phone Number Chief Wole was awarded a contract on the 15th Day of January, 2017 to supply laptops to all the Federal Government Secondary Schools in Nigeria. He has quite a number of landed properties scattered all over Nigeria and decided to sell some of them in order to raise funds to carry out his job. He decided to sell his twin duplex in Lokoja for N12,000,000 and His 4 story office complex property in Umuahia for N40,000,000. Heading home after meeting with his Lawyers whom he wanted to handle the sale of the properties as he is a very busy man and will not be able to be physically present, he had an accident which almost cost him his life. Chief Wole decided to prepare a document which would make his son Maxwell, the owner of his properties situated at Kano and Uyo. Not wanting to sell more of his properties but still in need of funds, Chief Wole gave out his Triplex situated at Ekiti for the sum of N6,000,000 for a period of 6 years.All except one of these documents is to be drafted in the above scenario Contract of Sale Power of Attorney Will Deed of Mortgage None 2. One of these Laws will guide Chief Wole in the sale of his Land in Umuahia Law of Property Cap. 23 of 1999 Conveyancing Act 1881 Registration of Titles Law Property and Conveyancing Law None 3. Chief Wole is going to need to sign an instrument to give his Lawyer power to sell his properties on his behalf. Is the Lawyer mandated to sign on that same document? Yes No Sometimes None of the above None Elder Bakori is the owner of a property situate at No 60, Usman Dan-Fodio Avenue Gwarinpa Abuja. Paul has agreed to rent the property for a period of 3 years.4. Ideally who should prepare the document in respect of the transaction Paul’s lawyer Elder Bakori’s lawyer The Estate Agent None of the above None 5. Is the above transaction required to be by deed? Yes No It depends on the agreement of the parties All of the above None Mr. Onothoja is a wealthy businessman. He has landed properties scattered all over Nigeria. Some of his properties include; Plot 725, Yahaya Bello street, Lafia, Nasarawa State Plot 123, Ring road, Ibadan with Certificate of Occupancy No. 73528 Plot 219, Agbani Road, Enugu State. Due to the challenges facing his business, he intends to transfer his unexpired interest in the property in Ibadan to one Mr. Ayodele of No. 7 Agbowo Street, Ibadan, Oyo state. The transaction between Mr. Onothoja and Mr. Ayodele is _________ Sale of Land Lease Mortgage Power of Attorney None 2. The relationship between Mr. Onothoja and Mr. Ayodele is ___________ Donor and Donee Assignor and Assiignee Lessor and Lessee Mortgagor and Mortgagee None 3. Assuming Mr. Onothoja intends to transfer a part of his remaining interest in his property in Ibadan to Mr. Ayodele, the transaction between them would be ______ A sale of Land A Lease A sub-lease A Power of Attorney None 4. Which of these is not an information required to draft a lease agreement? Date of commencement Duration of lease Rent payable Non of the above None 4. Which of these is not an information required to draft a lease agreement? Date of commencement Duration of lease Rent payable Non of the above None 5. The greatest interest Mr. Onothoja can transfer to Mr. Ayodele is 90 years Remainder of his interest 89 years 79 years None Hajiya Samson Joyce, a business woman, owns the following properties: a parcel of land at No. 10. Lankaw road, Port Harcourt, a bungalow at No. 208 Pebang Close, Ibadan, Oyo State. To strengthen her business, she requires the sum of fifty five million naira (55, 000, 000) to import building materials from China. As no single bank was willing to grant her such huge sum, she collected a loan of twenty-five million naira (25, 000, 000) from Liberty Bank ltd by putting her property in Port Harcourt as security for the loan. She then got the sum of thirty million naira (30, 000, 000) from Freedom bank plc by mortgaging her property in Ibadan, Oyo State. All the two properties are covered by Certificates of Occupancy granted by their respective governors. The security is to be repaid within 24 months. 6. All but one of these is a way of creating mortgage with Liberty bank ltd? Assignment Sub-demise Deed of statutory mortgage Legal charge None 7. Which of these is not a way of creating legal mortgage with Freedom Bank plc? Demise Sub-demise Assignment Legal charge None 8. The relationship between Hajiya Samson and the Governor of Rivers State is that of _______ Mortgagor and mortgagee Lessor and lessee Donor and donee Assignor and assignee None 9. The relationship between Hajiya Samson and Freedom Bank plc is ______________ Mortgagor and mortgagee Lessor and lessee Donor and done Assignor and assignee None 10. The creation of legal mortgage passes __________ title to Freedom bank plc? Reversionary Equitable Possessory Legal None 11. Upon the creation of a legal mortgage, Hajiya retains _________ title and passes ____ title? Equitable, Possessory Legal, Equitable Equitable, Legal Possessory, Legal None 12. Which of these is not a way of creating an equitable mortgage? Agreement to create a legal mortgage Creation of an imperfect legal mortgage Creation of mortgage with equitable interest Creation of legal mortgage by sub-demise None 13. Who is according to law responsible for drafting the deed of mortgage? Hajiya Samson’s solicitor Freedom bank plc’s solicitor Liberty bank ltd solicitor Non of the above None 14. In the absence of express agreement, who is entitled to possession of property, the subject matter of mortgage? Hajiya Samson Freedom Bank plc Liberty Bank ltd solicitor Stakeholder solicitor None 15. To mortgage the property in Ibadan for a term of at least one day shorter than the term of Hajiya’s lease, the mortgage shall be by ______ Demise Sub-demise Assignment Conveyance None 16. To mortgage the unexpired interest in the property in Port Harcourt, the mortgage must be by _____________ Conveyance Demise Sub-demise Assignment None chie Iburu is a holder of a statutory right of occupancy in respect of his property in Enugu State for a maximum term of ___12____ years. He wishes to use a part of his term of years to create a legal mortgage by ___13____. However, Mr. Okafor, the proposed mortgagee is sceptical that he will not be able to sell the property upon default of payment by Ichie Iburu. Mr. Okafor’s solicitor has suggested that a ___14____ or ___15____ in the deed of mortgage to enable Mr. Okafor to exercise right of sale upon default by Ichie Iburu. 17. 89 99 100 85 None 18. Demise Sub-demise Assignment Conveyance None 19. Power of sale Power of Attorney Declaration of title Acknowledgement of title None 20. Declaration of power Declaration of trust Power of Sale Non of the above None 21. Which of these is not an advantage of using the Federal Mortgage Bank of Nigeria as a source of loan? It grants facility for a long term Interest rate is very low It has branches in many cities in Nigeria It gifts borrowers money None 22. Which of these is not a role of a solicitor in mortgage transactions? Sale of Mortgage property Investigation of title Drafting of mortgage instrument Perfecting of mortgage instrument None 23. Which of these information is not required to draft a deed of mortgage? Name of parties to the transaction The property to be used as security The date of repayment of mortgage sum The party to whom mortgage property must be sold to None 24. Which of these is not a transaction relating to land? Sale of land Lease Mortgage Non of the above None 25. All but one of these are the implications of failure to register a deed of mortgage. The document cannot be pleaded in court The document is inadmissible in evidence The courts cannot give effect to the document Non of the above None Your new question! None 26. Which of these is a feature of a good root of title? The document is duly executed, stamped and registered The grantor has authority and capacity to make the grant The document is genuine and valid All of the above None 27. All but one of these is an example of a good root of title. Deed of gift Deed of legal mortgage Certificate of Occupancy pursuant to the Land Use Act Certificate of purchase issued by a court None 28. All but one of these is an example of a bad root of title. A lease A Power of Attorney Certificate of purchase issued by a court A will None 29. A contract of sale is a registrable instrument in all but one of these states. Ebonyi state Oyo state Rivers state Sokoto state None 30. All but one of these are implications of failure to stamp a deed. The instrument is not registrable The instrument is inadmissible in evidence A and B Non of the above. None 31. Investigation into the title of Ichie Iburu can be done in all but one of the following places? Lands registry Probate registry Corporate Affairs Commission Physical Inspection of the property None Garba Amadi Adelabu, of No. 18 Recit Crescent, Abuja owns two duplexes in Aba and Ibadan respectively. He kept the title documents of the property in Aba with his childhood friend Engr. Orji Ajibade in Lagos. Amadi wants to contest the governorship seat in his state. He needs hundred million naira (100, 000, 000) to realize his ambition. He used the property in Ibadan as security for a loan of sixty million naira (60, 000, 000) from Diamond bank. The mortgage is payable within eighteen (18) months. His friend engr. Orji personally gave him thirty million naira (30, 000, 000) to be paid after the PDP party primaries in November 2018. 32. The mode of creating mortgage between Garba Amadi and Diamond bank include all but one of the following? Demise Sub-demise Legal charge Conveyance None 33. What type of mortgage is created between Garba Amadi and Engr. Orji Ajibade? Equitable mortgage Legal mortgage Mortgage subject to contract Non of the above None 34. Assuming 12 months after the creation of the mortgage, Diamond Bank sells the property to Mr. Ugochukwu, Mr. Ugochukwu receives _________ Equitable title Legal title Reversionary title Non of the above None 35. When does power of sale arise in the mortgage between Amadi and Engr. Orji? After PDP primaries After notice has been given to Amadi to pay and he refuses to pay After Engr. Orji has secured a Court Order All of the above None 36. Assuming after eighteen (18) months Amadi refuses to pay, when can Diamond Bank exercise its power of sale? There is a breach of provisions in the mortgage deed Notice has been given to Amadi to pay Some interest under the mortgage deed has become due All of the above None 37. All but one of the following are condition precedent to the exercise of Power of sale. The mortgage is by deed The mortgage money has become due There is no contrary intention in the mortgage deed Non of the above None 38. Assuming Diamond bank sells property to Mr. Emeka after eighteen (18) months of creation of mortgage, Mr. Emeka Acquires ___________ Legal title Purchaser’s title Equitable title Non of the above None 39. Under what circumstance will a court set aside the exercise of Power of sale? Collusion in respect of sale Mortgagee sells to itself Where the mortgage money has been paid in full All of the above None 40. Proceeds of sale of mortgage property will be applied to all but one of the following Pay up of all mortgages Pay commission of auctioneer Pay solicitor’s fee Pay up outstanding interests None 41. Governor’s consent is required in all but one of the following transactions Sale of land Up-stamping of a legal mortgage Deed of lease None 43. The minimum number of parties to a mortgage transaction is _______ 1 2 3 4 None 44. Which of the following is not a way of discharge of mortgage? Deed of discharge Statutory receipt Receipt of payment of the principal and interest in equitable mortgage Governor’s certificate of discharge None 45. The implications of conveying as beneficial owner include _____ Vendor has a good right to convey Vendor grants quiet possession Property is free from encumbrances All of the above None 46. Which of these is a right of a mortgagor? Right of possession of mortgage property Right to redeem A and B Non of the above None 47. The remedy of foreclosure is common remedy for ___________ Legal mortage Standard mortgage Equitable mortgage A and C None 48. A foreclosure order nisi last for _________ months 3 4 5 6 None 49. All but one of the following are the rights of a mortgagee? Right to take possession of mortgage property Right to sell property Right to appoint a receiver Right to redeem mortgage property None 50. The functions of a receiver include Power to demand and recover all income of the property Power to pay interest due under mortgage Power to recover mortgagee’s money All of the above None 51. The mortgagee can unilaterally appoint a receiver under __________ Equitable mortgage only Legal mortgage only A and B Non of the above None Your new question! None Your new question! None 52. Stamp duty payable on a deed of mortgage is _______ Fixed stamp Ad valorem stamp PAYE stamp All of the above None 53. At the creation of legal mortgage, ________ has right to take possession of mortgage property. Mortgagor Mortgagee Guarantor All of the above None 54. All but one of the following are features of up-stamping Same property Same parties Loan of new facilities Governor’s consent None 55. All but one of the following are the features of consolidation in a mortgage transaction? Same property Same parties Different properties Redemption of all the properties at the same time None 56. Which of these laws is not applicable to mortgage transaction? Property and conveyancing law Illiterates Protection law Administration of estate law Conveyancing Act None 57. A land instrument will be registered in the land registry in the following format? Page, number, volume Volume, number, page Number, page, volume Page, volume, number None 58. To perfect title of a purchaser of land, all but one of the following must be done Obtain governor’s consent Stamping Completion statement Registration None Your new question! None Your new question! None 59. The stages in the process of sale of land include ____________ stages Pre-contract, contract, post-contract, completion, perfection Pre-contract, contract, post-contract, perfection, completion Pre-contract, contract, investigation, post-contract, perfection Contract, post-contract, completion, perfection None 60. The remedy available in case of breach of a contract of sale is ________ Rescission Injunction Order of specific performance All of the above None 61. Which of these is not a remedy available to the lessee in the event of breach by the lessor? Specific performance Damages Institute action for breach of covenant Re-entry & forfeiture None 62. A lease agreement can be determined by all but one of the following? By surrender By effluxion of time By notice to quit Non of the above None Your new question! None Your new question! None 63. A yearly tenant is entitled to __________ quit notice? One month Three months Six months Four months None 64. A tenant at will is entitled to ________ quit notice? 1 week 2 weeks 1 month 2 months None 65. Factors to consider in fixing rent include _________ Taxation Inflation Statutes regulating payment of rent All of the above None 66. All but one of the following are features of a deed? It must be in writing It must be signed It must be sealed It must be exchanged None 67. Which of these is not a clause in the miscellaneous part of a deed? Indemnity clause Acknowledgement for safe custody clause Habendum Production of title clause None 68. Which of these is not a clause in the concluding part of a deed? Testimonium Testatum Execution Attestation None 69. The clause in a deed that describes the estate to be given is __________ Habendum Testatum Testimonium Non of the above None Your new question! None Your new question! None 70. A power of attorney is executed by ____________ Donor alone Donee alone Donor and donee Donor’s solicitor None Your new question! None 71. The interest used to transfer conclusive interest in land is _____________ Power of attorney by deed Deed of lease Deed of legal mortgage Deed of assignment None Your new question! None Your new question! None 72. Power of attorney attracts __________ stamp duty? Fixed Ad valorem Special Standard None 73. A power of attorney can be revoked in all but one of the following ways? Expressly Impliedly Operation of law By Donor’s solicitor None Your new question! None 74. Which of these is not an advantage of creating mortgage by assignment? Mortgagee is bound by the onerous covenants in the head lease Mortgagee can transfer all of mortgagor’s title Mortgagee can enforce beneficial covenants in the head lease Mortgagee has right to retain the title documents None 75. Where mortgagee takes possession of mortgaged property, he becomes liable to ____ Account for profits made or received Payment of occupation rents Repairs on the property All of the above None Mrs. Foluke Olowe has decided to sell the property she bought 10 years ago at the rate of N50,000.00 for the sum of N50,000,000.00. 76. These are the following taxes she will pay after the transaction except: Stamp Duties Capital Gains Tax Personal Income Tax None of the above None 77. The chargeable gain in Capital Gains tax is the ---------- Addition of the cost of the asset and the consideration received at its disposal. Difference between the cost of the asset and the consideration received on its disposal Difference between the consideration and the stamp duties 15% of the consideration. None 78. Capital Gains Tax is chargeable on ----------- The total amount of chargeable gains accruing to any person in a year of assessment after making the deductions allowed in the Act The total amount of chargeable gains accruing to any person in a year of assessment before making the deductions allowed in the Act The initial price the property was sold without making any deduction. The income of Mrs. Foluke Olowe. None Your new question! None 79. In Lagos, any holder of a registrable document shall register it within --------- of the grant of the Governor’s consent. 3 months 90 days 30 days 60 days None 80. The following are the effects of not registering a registrable document except: The land will be withdrawn from the owner The document shall not be pleaded The document shall not be tendered in evidence in court None of the above. None 81. The following are the documents the land registry shall keep except: Mutation records Nominal index Land registry map Register of charges None 82. Chief Obi owned a duplex at Ikeja, Lagos before he died. He has however written his will where he disposed the duplex at Lagos to his first son, Olumide. The following are the applicable laws that would govern the transaction except: The Registration of Titles Law of Lagos State Rules of Professional Conduct for Legal Practitioners The Wills Law of Lagos State The Legal Practitioners Act None 83. A Will speaks after the death of the testator. This means: A Will is ambulatory A Will is testamentary A Will is noncupative None of the above. None The person making the Will is called ---(84)--------, where the person is of the female gender, she is called -----(85)---------. Where a person makes a Will, he is said to have died -------(86)-------. Where none is made, he is said to have died _____(87)--------. The person entitled to the properties or benefits under the Will is called ----------(88)--------. The properties given under the Will may be personal or -----------(89)-------- properties and -------(90)-------- or immovable properties. The total of the personal and real properties of a deceased is referred to as the ------(91)------ of the deceased. The Personal Representatives appointed under the Will to administer the estate of the deceased are called -------(92)------; where the deceased dies intestate, -------(93)-------- are appointed to administer the estate.84. Legal consultant Trustee Testator Executor None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None 85. Testatrix Testator Trustee None of the above. None 86. Testate Intestate Fulfilled None of the above None 87. Executed Testate Intestate None of the above None 88. Executors Beneficiary Children Trustees None 89. Real Movable Family None of the above. None 90. Real Movable Family None of the above. None Your new question! None 91. Assets Liabilities All of the above Estate None 92. Administrators Executors Trustees All of the above None 93. Trustees Executors Administrators All of the above. None 94. “I appoint Madibba Teyei, Male, Architect of No. 111 Bot Close, Victoria Island Lagos, as executor of this Will”. This clause drafted in the Will of Kumo Assoh is called: Appointment Clause Execution Clause Charging Clause Gift clause None 95. The judicial procedure by which a Will is established to be a valid will is Execution Probate Reading the Will Distributing the gifts. None 96. Alhaji Modibibo owns Hadiza Plaza situate at No. 4 Bakari Street, Kaduna, Danko Estate at No, 5 Zik Avenue Ibadan; and Ebeano Mall, Awolowo Street, Enugu. If Alhaji Modibbo had in his Will given Ebeano Plaza to his son, Shehu, under what document would title in the plaza pass to Shehu? The Letters of Administration The Assent The Will The Probate None 97. Chief Oba wishes to institute an action against Alhaji Ibrahim’s estate to recover the debt of N25 Million owed by the deceased. Who are the proper parties to be sued in the case, if Musa, Sani and Yusuf have been appointed in the Will to administer the Testator’s estate? The Deceased The Executors The Beneficiaries The Administrators. None 98. Following from your answer above, the proper party will read thus: Alhaji Ibrahim Musa, Sani and Yusuf being sued as Executors of the Estate of Alhaji Ibrahim Abu, the son of Alhaji Ibrahim Musa, Sani and Yusuf being sued as Administrators of the Estate of Alhaji Ibrahim None 99. What document is used to vest the property of a deceased person in a beneficiary? The Will Deed of Assignment Deed of Lease Assent None 100. All but one of the following have the power to grant assent to the beneficiary. Administrators Executors Trustees None of the above. None 101. What document should a Solicitor prepare in order to recover his fees? Deed of Assignment. Bill of Charges Register of Charges Scale of Charges. None 102. Capital Gains Tax are payable in the following transactions except: Sale of Land Lease Assignment Vesting of the assets of a deceased person in a beneficiary None 103. The rate of capital gains tax is 5 % 10% 15% 20% None 104. Under the Land Registration Law of Lagos State, the following persons except one are accredited to conduct a search in the registry: Individuals Registered Estate Surveyors and Valuers Law Firms Corporate Organizations None 105. Land documents are accessed on the -------- in Lagos State The Land Registry The Corporate Registry The Probate Registry The Land Information Management System. None 106. A Will is revocable so long as the maker is living. This means a Will is Voluntary Testamentary Ambulatory Irrevocable None 107. Mr. Julius, the breadwinner of his family was drugged by his maid and she made him prepare a Will that devolved all his properties to her. What element makes the Will invalid? The death of the testator The voluntariness of the testator The name of the maid The signature of the testator None 108. Miss Amanda did not specifically appoint any executor in her Will; however she expressed her desire that one Mr. John Dee, her boyfriend to pay all her debts and collect all her assets. The Court has held Mr. John Dee to be An Executor de son tort Executors according to the tenor of the Will Executor by proxy None of the above. None 109. Persons who have intermeddled with the estate of the deceased person and because of the interference, they have been held to be personal representatives of the estate of the deceased person are: . Executor by representation Executor according to the tenor of the Will Executor by proxy Executor de son tort None 110. Friday Bolatito is not happy with the Will of her sister, Chief Mrs. Bolatito. She can express her opposition to grant of probate by filing: Caveat in form 1 or 2 Caveat in form 2 or 3 Caveat in form 3 or 4 Caveat in form 5 or 6 None 111. Searches under the Land Registration Law may be conducted ------ From 6am to 6pm From 8am to 8pm From 8am to 4pm At all reasonable times None 112. The application to conduct search on the Land Information Management System must be approved by the ------- Registrar Governor Stamp Duties Officer A Law Firm None 113. Application to conduct search under the Lands Registration Law is made on Form 7 Form 5 Form 60 Form 3 None 114. A search report following a search is issued on Form 3 Form 5 Form 4 Form 7 None Your new question! None Your new question! None 115. Documents that may not be registered include the following except: A power of attorney on transfer of land that has not received the consent of the Governor A document not accompanied by a survey plan, which describes and delienates the land A sub-lease under three (3) years A certified true copy of a Grant or Letter of Administration to succession to land under a Will, intestacy or insolvency None 116. A sub-lease must be registered when it exceeds a period of ------ years. 3 years 4 years 5 years 7 years None Bob James Legal Managers is a firm of law practice situate at 1233 Ikoyi Lagos. On 1st September, 2015, Pankshine Bank Plc. Consulted it to act on its behalf as assignee in the sale of a parcel of land at No. 12z, Lekki, Lagos by the assignor, Chief Banwo Babalawo, who cannot read or write in any language. The property is covered by a right of occupancy number LAGS 99999, with a remaining term of 70 years, situated on 1.5 hectares of land. The consideration for the transaction is N50 Million naira only. After conducting a search on the LIMS Register on 2nd September, 2015, Miss Shola Bello, a solicitor in the law office of Bob James Legal Managers prepared Form 7, evidencing the transaction and forwarded same to the Registrar for filing. No consent of the Governor was obtained since she had earlier told her client that “Governor’s consent is only a requirement of the Land Use Act and not the concern of the transaction”. 117. What should do the Registrar do in the above circumstance? Register the document after collecting the consent fees from Miss Bello. Register the document without collecting the consent fees from Miss Bello Order Miss Bello to prepare another document Refuse to register the document on the grounds that Miss Bello has not satisfied the requirements for the registration of the document None 118. A formal Will is required to be signed by the testator and attested by at least ---- witnesses. Four Three Two One None 119. Mr. Abayomi gave oral directives to his closest and trusted sibling on how his property is to be shared after his demise. This type of Will is known to be Nuncupative Testamentary Voluntary All of the above None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None Your new question! None 120. Mutual wills are generally not revocable except ------ With the agreement of the other party On the death of one party On the death of the beneficiary Where no executors are appointed. None 121. The following persons can make a privileged will except: A soldier in actual military service A nurse in the hospital attending to an Ebola patient A mariner or seaman being at sea A crew of commercial airline. None 122. A directive made by a person to an organization, or institution, or another person that upon his death, only his funds in the organization should be paid to a particular individual. Will Gift Donatio Mortis Causa Nomination None 123. A voluntary transfer or conveyance of any interest in land made gratuitously to a recipient and without any consideration paid by the recipient while the donor is still living is: Will Gift Donatio Mortis Causa Nomination None 124. A transfer of property by a person to trustees to hold and take effect in his lifetime is called: Donatio Mortis Causa Nomination Settlement Inter Vivos Will None 125. A disposition of property made by a person in contemplation of death, but which takes effect only when the donor dies is known as: Settlement Inter Vivos Donatio Mortis Causa Wills Nomination None 126. A privileged Will need not comply with what requirement before it can make a valid Will: Mental Capacity Legal Age Testamentary intention None of the above None 127. The test to determine whether a testator has sound mind was laid in the case of: Idehen vs. Idehen Banks v. Goodfellow B.O.N. v. Akintoye Ude v. Nwara None 128. The material time or period at which a testator is required to have a sound mind is: The time of his death The time he is giving out the instructions and executing his Will The time he acquired his properties The time he married his wife. None Your new question! None Your new question! None Your new question! None 129. The burden of proof of the mental capacity of a testator lies who? The propounder of the Will The beneficiary The executor The challenger of the Will None 130. What maxim is used to support the presumption of sound mind of the testator? Nemo judex in causa sua Audi alteram partem Omni Prae Sumuntur Rite Esse Acta Nemo heres veventis None 131. The following persons can attest to a Will except: Blind person Illiterate Deaf Person . None of the above. None 132. All but one of the following are requirements of a valid Will except: It must be written It must be prepared by a legal practitioner It must be signed by the testator It must be attested to by at least two witnesses None 133. "I give to my girlfriend, Cinderella, my Hummer Jeep Model 2009, with Registration No. LA 419 LAG". The gift of Hummer Jeep is a: General Legacy Specific Legacy Demonstrative Legacy Pecuniary Legacy. None 134. "I give to my mother a Sony Model Television Set". The gift of Television set is a: Specific Legacy General Legacy Residuary Legacy Demonstrative Legacy. None 135. "I give to my sister a sum of money to be paid out of my Skye Bank Account No. 123456789". The gift of the sum of money is a: Pecuniary Legacy Demonstrative Legacy General Legacy Specific Legacy None 136. "I give the sum of N200,000 to my maid". This gift of money is a: General Legacy . Specific Legacy Residuary Legacy Pecuniary Legacy. None Your new question! None Your new question! None What Clause must be included in a Will to prevent partial intestacy? Appointment Clause . Charging Clause Gift Clause . Residuary Clause None 138. "I leave my Mercedes Benz Car Model 200 to my son, John Ironsi and if I have no car, then some other general gift". The latter general gift is a type of Substitutional Gift Specific Gift Demonstrative Gift Residuary Gift. None 139. "Such of any children as survive me and if more than one, in equal shares". The use of the words "in equal shares" means: If a child predeceases the testator, his share will go to the residuary gifts. If a child predeceases the testator, his share will pass and be divided among the others If a child predeceases the testator, his share will go to the executor. None of the above. None 140. The principle of the restriction on testamentary freedom of the testator based on his custom was enunciated in the case of: Banks v. Goodfellow Ude v. Nwara Idehen v. Idehen Hall v. Hall. None 141. Wills are revoked by the following except: Marriage Making another Will Wills expressed to be made in contemplation of marriage Destruction of a Will None 142. Where there is a dispute between the executors or between executors and beneficiaries, the court may appoint -------------- to manage theproperties pending the resolution of the dispute. Administrator pendente lite Executor de son tort Executor in tenor of the Will A well-trusted beneficiary. None 143. Who is the first person to be granted probate under testate succession? Beneficiary Trustees Any interested person Executor None 144. Who is the first person to be granted probate under intestate succession? Father of the deceased Husband of the deceased Children of the deceased Administrator General. None 145. Where aperson is married under the Marriage Act but dies intestate, his estate will be distributed according to: His Will His custom The provisions of the Administration of Estate Law The provisions of the Wills Act. None 146. Where more than four persons are appointed as executors, how many of them would be granted probate? The first four persons All of them The first two persons Any person the beneficiary wants None 147. The person who offers a Will for admission to probate is also known as: Beneficiary The propounder of a Will The challenger of a Will Beneficiary None 148. What will be the result of a Will that is not proved? It will be presumed that the deceased died intestate and all his properties would devolve on those entitled on his intestacy by the operation of his native law and custom It will be presumed that the Will is invalid and the properties of the deceased will devolve on the government. It will be presumed that the executors predeceased the testator and the Will will be admitted to probate by the Administrator-General None of the above. None 149. By Section 47 of the Administration of Lagos State Law, Lagos, the executors year is: First 1 year of grant of probate First 2 years of grant of probate First 3 months of grant of probate First 6 months of grant of probate None 150. For an executor to demand for his professional fees, one of the following clauses must be inserted in the Will: Appointment Clause Residuary Clause Charging Clause Gift Clause. None 1. Recitals belong to the introductory part of a deed as indemnity clause belongs to the ________ part of a deed. Introductory Operative Miscellaneous Concluding None 2. Which of these is not part of the Operative part of deed Consideration clause Receipt clause Testatum Testimonium None Mr Emeka Simple is the governorship candidate of the PDP in the just concluded general election in Abia State. He owns properties in Oyo, Abia and Nasarawa State. He believes he won the elction but INEC has declared chief Owonikoko of the APC as the winner of the election. He intends to sell some of his properties to raise funds and file an election petition before the Abia State election petition tribunal. 3, Amadi has indicated interest to lease his property for 3 years. The document to be prepared must be _______ By deed In writing Oral B and C None 4. Who has the legal obligation of preparing the document in 3 above Mr. Emeka’s solicitor Mr. Amadi’s solicitor A legal practitioner A and B None 5. The transaction in 3 above passes ___________ interest to Amadi Possessory Legal Equitable reversionary None 6. To sell his property in Nasarawa State, Mr. Emeka must deduce title for a period of _____ 40 years 30 years 35 years A or B None 7. Which of these is not a function of the consideration clause in a deed Shows that the transaction was not a gift Used for assessment of stamp duty Indicates that receipt will be issued Authority to buyer to pay deposit to vendor’s solicitor None Mr. Okwudili Chukwu is a very wealthy man. He has properties in Ebonyi, Ogun and Kano States. He intends to give possession of his property in Ogun state to Mr. Taiwo for 4 years. Unfortunately, Mr. Okwudili Chukwu was involved in accident. He could not conclude the transaction with Mr. Taiwo, he therefore called his son Sunday on phone to complete the transaction on his behalf. 8. What type of document will be drafted to finalise the transaction between Mr. Okwudili and Mr. Taiwo? Deed of assignment Deed of lease Tenancy agreement Non of the above None 9. The name of the transaction between Mr. Okwudili and Mr. Taiwo is___________ Tenancy agreement Lease agreement A and B Non of the above None 10. What is the name of the instrument that will empower Sunday to complete the transaction on behalf of his father? Power of Attorney Power of Trust Delegation of Power Non of the above. None 11. The relationship between Mr. Okwudili and Mr. Taiwo is that of ____________ and __________ Licencor and licencee Leasor and leasee Assignor and assignee Vendor and purchaser None 12. The delegation to Sunday to act on behalf of his father is ________ Invalid In the circumstance valid Legal Non of the above None Ebuka is a holder of a statutory right of occupancy in respect of plot 255 Ahmadu Bello Way, Lagos. He intends to lease the property to Emma for a term of 10 years. Emma and Ebuka have agreed to the terms of the agreement. Unfortunately, before the final instrument could be executed, Ebuka passed away. Mr. Ebuka’s first who inherited the property and completed the transaction with Emma. 13. The relationship between Ebuka and the Governor of Lagos state is that of ________ and _________ Lessee and lessor Lessor and sub-lessee Landlord and tenant Governor and citizen None 14. The agreement between Mr. Ebuka and Mr. Emma before Mr. Ebuka’s death is ________ Tenancy agreement Agreement to create a lease A lease agreement A landlord tenant agreement None 15. The agreement in two above is binding on _________ Mr. Ebuka Mr. Emma Personal representatives of Mr. Ebuka All of the above None 16. The completed transaction between Joseph and Mr. Emma must be ________ By deed In writing Orally A and B None 17. The agreement between Mr. Ebuka and Mr. Emma requires _________ to be binding Governors consent Parties consent Exchange Mr. Ebuka’s consent None 18. The transaction between Mr. Joseph and Mr. Emma requires _________ to be binding Governor’s consent Parties consent Delivery Mr. Emma’s consent None 19. Assuming at the expiration of the lease, Mr. Emma holds over property, he will be liable to Mr. Joseph for __________ Arrears of rent Mesne profit Arrears of rent or mesne profit depending on what Joseph wants Breach of contract. None 20. The rent payable by Mr. Emma in respect of the plot of land in Abuja is _______ Ground rent Rack rent Premium rent Usage rent None 21. The relationship between Mr. Joseph and Mr. Emma is _________ Lessor and leasee Sub-lessor and sub-lessee Head-leasor and sub-leasee Non of the above None 22. Which part of the deed will show the consent of the principal members of the family Recital Testatum Schedule Testimonium None 23. Power of Attorney can be revoked by one of the following except Expressly by the donor Impliedly by the donor Death of the donor Marriage of donor under the Marriage Act None The existence of a forfeiture clause in a lease makes it ___24____ at the instance of the ___25______24. Valid Voidable void B and C None 25 Lessee Leasor A and B Non of the above None 26. Which of these is not a usual covenant in a lease agreement? Covenant for quiet possession of the property Covenant that the property is fit for habitation Covenant that lessee shall not commit waste of property Covenant to pay rent None 27. In the absence of express agreement, rent in lease is paid in _________ Arrears Advance A and B Non of the above None 28. Rent in leases is payable only in __________ Money Money’s worth A and B Non of the above None 29. All but one is the most essential feature of a valid lease Parties to the lease Property involved Duration of lease Consideration None 30. A holder of a statutory right of occupancy can create a perpetually renewable lease in Nigeria _____________ Provided the Governor agrees Provided the parties consent Provided the deed of lease says so Non of the above None Alhaji Usman Rabiu is a wealthy politician. He has so many properties scattered across Nigeria. Some of his properties include: A 5 storey building located at No. 12 Idemili street, Abia State, 2 plots of land located at Ganduje Close, Kaduna State with C of O number KD/123456. He ran into some financial difficulties and intends to sell some of his properties. He has agreed with Mr. Sanusi Dikko to sell the property in Abia state. It was agreed that the land and the building on it be sold for N20, 000, 000 (twenty million naira) each making a total forty million naira (N40, 000, 000). Mr. Sanusi paid an initial thirty million naira: twenty million for the property and ten million for the land. The parties agreed that the legal due date for the payment of the balance of the purchase price of the land is 20th day of April, 2019. 31. In what capacity is Alhaji Rabiu selling his property? As beneficial owner As holder of statutory right of occupancy As the leassor None 32. As solicitor to Mr. Sanusi, how would you advice him to pay the thirty million naira (N30, 000, 000)? As deposit As down payment As part payment Non of the above None 33. Upon the payment of the full purchase price, Mr. Sanusi acquires _______ title in respect of the property in Abia? Legal Statutory Customary Equitable None 34. Alhaji Usman will bear responsibility for ___________ defect in the property Latent Patent Location Architectural None 35. Mr. Sanusi will bear responsibility for ____________ defect in the property Latent Patent Location Architectural None 36. As solicitor acting on behalf of Alhaji Usman, the best capacity to collect the deposit of thirty million is as ____________ Agent Legal practitioner Stakeholder Non of the above None 37. The best legal option to transfer the ownership of the 5 storey building is __________ Through a deed of conveyance Through a formal contract Through a deed of sale All of the above None 38.The implication of collecting money as a stakeholder include the following except Solicitor becomes trustee of the money Solicitor is personally responsible for the same keep of the money The solicitor is laible to pay money to the vendor if the purchaser defaults in completing the transaction at the agreed date The solicitor must make sure the sale is perfected None 39. In the absence of express agreement, Mr. Sanusi will take possession of property ______ Upon payment of the full purchase price On the 20th of April When the transaction is completed When the solicitor gives consent None 40. Where Mr. Sanusi fails to pay the balnce on the agreed date, Alhaaji Usman can _______ Repudiate the agreement Apply to court for specific performance Waive his right of repudiation All of the above None 41. To complete transaction, Alhaji Usman must deduce title for at least ___________ 30 years 40 years 50 years 20 years None Mr. Okocha Okoro is the owner of plot 12, Otunba Close, Agbowo, Oyo state. He has entered into an agreement to sell the property to Madam Catherine for a consideration of fifteen million naira. The contract of sale provides that Madam Catherine can enter into possession upon payment of consideration. However, before the transaction could be concluded Mr. Okocha lost his life in mysterious means. 42. The contract of sale takes effect upon _________ by the parties Signing Sealing Delivery Exchange of contract None 43. The contract of sale is binding on _________ Mr. Okocha Madam Catherine Personal representatives of Mr. Okocha and Madam Catherine All of the above None 44. To complete the transaction, Mr. Okocha must deduce title to at least ________ 40 years 30 years 50 years 20 years None 45. Pending the completion of the transaction, the risk and the liability of the property will be borne by __________ Mr. Okocha Madam Catherine Mr. Okocha and Madam Catherine The insurance company None 46. Upon exchange of contract, Mr. Okocha transfers __________ title to Madam Catherine Legal Nominal Reversionary Equitable None 47. Which of the following transaction requires deducing of title? Deed of lease Contract of sale of land Deed of assignment Deed of revocation None 48. Governor’s consent must be sought and obtained in all but one of the following transaction Deed of lease Contract of sale of land Deed of legal mortgage Deed of assignment None 49. Which of the following does not constitute a legal restriction on sale of land Land Use Act Doctrine of Lis Pendens Communal ownership of Land Marital status of the vendor None 50. An applicant for the grant of statutory right of occupancy must be at least _________ 17 years 18 years 21 years 25 years None 51. At what stage of the sale of land transaction is the vendor obligated to deduce title? Contract stage Investigation stage Completion stage Perfection of title stage None 52. A statutory right of occupancy grants a ________ Freehold interest Leasehold interest Leasehold interest for a maximum period of 99 years An equitable interest None 53. Under the Land Use Act, interest in Land in Nigeria can only be Leasehold Freehold A or C Non of the above None 54. Which of these is not a feature of a rent review clause? Method of initiating the review The time frame for the review Procedure for resolving dispute of the new rent Name of the rent review arbitrator None 55. Which of these is not an information required to draft a deed of lease Date of commencement of lease Duration of lease Rent payable Non of the above None 56. Tola Raji and Sope Funman followed their Principal, while they were externs, to the Probate Registry and discovered that Caveats are entered by: Only the spouse in a marriage under the Marriage Act The executors and beneficiaries only The beneficiaries only Any person interested in the estate None Mrs. Beatrice Shades, a Lagos based trader has approached the Law Firm of A.A. Smart & Co to represent her in letting out her 2 bedroom bungalow, located at Ota, Ogun State. 57. Assuming that Mrs. Beatrice Shades refuses to pay the Law Firm of A.A. Smart & Co their Solicitors fees, what will you advise them to do in order to recover their fees? Commence an action for breach of contract Wait for one month period Prepare, sign and deliver a Bill of Charges in the prescribed form to Mrs. Beatrice Shades File an application for recovery of charges. None 58. What kind of fees will not be appropriate for your Principal to charge in the circumstance? Hourly fees Consultation fees Scale fees Appearance fees None 59. What applicable law regulates and harmonizes the system of registration of titles to land and land instruments in Lagos State? Registration of Titles Law Cap R1, Laws of Lagos State Land Registration Law, Lagos Land Instruments Registration Law, Lagos, Cap L58 Laws of Lagos State High Court (Civil Procedure) Rules, Lagos State. None 60. The following are the fees which a legal practitioner can charge his client except: Variable Fees Fixed Fees Scale Fees Percentage Fees None 61. Upon the death of a holder of interest in land, issues such as devolution of estate on personal representatives are provided for by the ----- of each State. Administration and Estate Law Wills Act Probate Law Wills Law None 62. Personal representatives may either be ----------------- or ----------------. Donee or Donor Executors or Administrators Executors or Executrices Testators or Testatrix None 63. Your Law Firm has completed a brief but your client refuses to pay the agreed professional fees; the following but one are steps to be taken in recovering the professional fees. Ensure that the Bill of Charges contain particulars of principal items Report your client to the Nigerian Bar Association Disciplinary Committee Draft Bill of Charges and serve on your client. Wait for one month to lapse, then make a formal report to the Police in order to effect arrest. None 64. A Will can be used for the following except: Give the testator’s burial wishes Write an auto-biography Disposal of property to beneficiaries Appointment of personal representatives None 65. ------------- interferes with the estate of a deceased person without authority. Administrator-General Personal Representatives Executor de son tort None of the above. None In 2010, Chief Komolafe gave a landed property to the Nigerian Law School Cooperative Society. The property was sold in 2015 to Chief Edward at N60,000,000.00. The Solicitor which Chief Edward instructed to act for him was paid N3,000,000.00. 66. The Capital Gains Tax payable in the above scenario ought to be paid by: Either of the parties to the transaction Chief Edward The Nigerian Law School Cooperative Society All the parties to the transaction. None 67. The Solicitor engaged in the above scenario will calculate his professional fees using: Contingency fees Scale II of the Schedule to the Legal Practitioners Remuneration for legal documentation and other land matters. Scale I of the Schedule to the Legal Practitioners’ (Remuneration for legal documentation and other land matters) Order 1991. Agency fees. None 68. Where a child is a beneficiary in a Will having a Sole Executor, the Court will do one of the following in order to protect the interest of the minor: Appoint an additional Executor Allow the child to nominate an additional executor Appoint an administrator to administer part of the estate. Appoint a guardian ad litem. None 69. Executors are appointed in the following ways except: Express Appointment Appointment by the court Appointment by operation of law Self-appointment None 70. The following taxes are payable in property transactions except: Stamp duties Capital Gains Tax Contingency fee Ground Rent. None 71. The following are the contents of the account to be filed by an administrator except: All incomes and expenditure incurred in the course of the administration. Vouchers in the possession of the personal representative Full inventory of assets in the estate A copy of the Probate or Letters of Administration. None 72. In an insolvent estate, the administrator’s duties include: Paying all debts that are in the same category Paying specific gifts while general gifts abate. Exercising discretion in the payment of all debts that rank pari pasu A and C above. None 73. Taxes payable by a vendor who sells property at a profit includes: Consent Fees and Value Added Tax Capital Gains Tax and Company Income Tax Personal Income Tax and Stamp Duties All of the above. None 74. The documents to be kept and maintained in the Lagos lands registry are as follows except: Parcel Files The Day List Nominal Index Land Bibliography None 75. B.S. Supreme appears in court for his client, Mrs. A.B. Odigwe. What fee would Mrs. Odigwe pay B.S. Supreme for his appearance in court? Consultation fees Appearance fees Contingency fees Hourly fees. None 76. The professional charges of your Principal in respect of a sale (acting as Solicitor to Capital Investment Limited) forms part of ---------------- under Capital Gains Tax Act (CGTA). Allowable expenses Allowable Accruable income Taxable income None 77. Assuming that the property was sold for N200,000,000.00, while Capital Investment did the following prior to the sale:i. Advertising the property = N200,000.00ii. Renovation = N40,000,000.00iii. Procuring the necessary approvals for the alteration of the existing building = N1,000,000.00 Assuming your Principal was paid N5,000,000.00 as professional charges. And the initial purchase price of property was N95,000,000.00. The Capital Gains of Capital Investment Limited and the Capital Gains Tax payable would be: Advertising the property = N200,000.00 N5,000,000.00 N5, 880,000.00 and N58, 800,000.00 None of the above None 78. Chief Ahmed Amos Ajasa invited his lawyer, Mr. Aristotle to help him prepare his will. Mr. Aristotle can charge its professional fees using the following options except: Appearance fees Scale fees Consultancy fees Hourly fees None 79. When does a Will take effect? From the death of the testator From the date of making the will From the date it was admitted to probate From the date the Will was found? None 80. Mr. Niyi Cooks died on May 30, 2015. He, however, left a valid Will and even appointed those who should be his Executors in the Will. What grant should his Executors apply for? Grant of Probate Grant of Simple Administration Grant of Administration with the Will Annexed None of the Above None 81. What clause would provide for the appointment of Mr. Niyi Cooks’ Executors? Execution Clause Charging Clause Residuary Clause Appointment Clause None Chief Emeka Dominic’s Will was discovered following his death. He was born in Anambra State, but he lived his entire adult life in Lagos where he established various businesses. The deceased made his wife of 45 years one of the two executors to his Will, while his son Stanley was the second executor. The Will contained several depository and non-depository provisions. One of the depositions in the Will reads thus “I give N100,000.00 (One Hundred Thousand Naira) to Valencia, my daughter, to be drawn from my current account at Zenith Bank Plc, Bwari, Abuja”.82. Which of the following correctly described the above gift? General legacy Demonstrative legacy Specific legacy Annuity None 83. What distinguishes the above legacy from the other legacies? It is not subject to ademption There is no designation of the source of the fund It constitutes the gift of money A & B None 84. The absence of one of the following will create partial intestacy in the Will: Execution clause Residuary clause Commencement clause Charging clause None 85. Taxes imposed on and raised from stamps charged on legal instruments and documentation are called Tenement rates Ground Rent Fee Stamp Duties Consent fee None 86. The -------------------------------------------------- shows the boundaries of every parcel of land that is registered under the Land Registration Law, Lagos. The Day List Nominal Index Mutation Record Land Registry Map None Chief Magnus ran into Beulah at Aminu Kano International Airport, Kano and fell in love with her. In the flight, he proposed to her and promised her a twin duplex in Asokoro if she agreed to his proposal. She accepted to marry him and they went through marriage ceremony at Abuja Municipal Council Marriage Registry in Abuja on April 10, 2015. Meanwhile before the marriage, Beulah was pregnant for Mr. Okechukwu. Chief Magnus who had written his Will in January 2015 later had a heart attack and died on July 10, 2015. 87. One of the following statements is correct about the Will of Chief Magnus: The Will remains valid notwithstanding the subsequent marriage The Will is revoked by the subsequent marriage to Beulah The Will is presumed revoked as it was later found to be in the possession of Uche, the eldest son of Chief Magnus None of the above. None 88. One of the following statements is correct about the revival of a Will: The testator can only revive a Will where he calls the same witnesses to re-execute the Will Only a Will that is in existence can be revived for a Will revoked by destruction cannot be revived A Will earlier revoked can only be revived by the use of Codicil The executors of a revoked Will can revive it by calling the same witnesses to re-execute the Will. None 89. A gift in a Will can be adeemed in all except one of the following circumstance: The testator died along with the gift that by consequence of the accident becomes unrecognizable Where the gift is sold and proceeds of sale realised after the death of the testator. Mere sub-division of shares in lower denomination. The gift is compulsorily acquired by government and compensation paid in the life time of the testator. None 90. In the Abeokuta Branch of the Nigerian Bar Association, where you did your externship, lawyers are used to charging 5% of the value involved in the transaction. This type of fees is called: Consultancy Fees Contingency Fees Fixed Fees Percentage Fees None 91. One of the following is not correct about Wills: It must be prepared by a Legal Practitioner It must be testamentary It must be voluntary The testator must possess a sound disposing mind at the time of making a Will. None Mrs. Asabe Zubairu, an indigene of Kano State lost her father, Mr. Usman Baba in a ghastly motor accident. In his Will, he bequeathed his property at No. 287, Grace House, Abuja to her as his “first daughter”. He also expressly bequeathed the family compound, in the village to her in her capacity as his “first daughter”. Her husband, Mr. Samson Zubairu, a Bini indigene advised that she should renounce the gift of the family compound as that is an exclusive preserve of the eldest male son and such a gift should have been made to him as her husband. 92. What type of legacy is the gift of the property at No. 287, Grace House, Abuja? Real property legacy Landed property legacy Specific legacy Real estate legacy. None 93. To be able to take over her gift, Mrs. Asabe Zubiaru must be issued one of the following by the Executors of her father’s estate: Assent Letter of Authority Probate Letter of Administration None 94. The principle that the Probate Registrar cannot grant probate to a disputed Will while a caveat had not been discharged was laid down in: Ajibaye vs. Ajibaye (2007) ALL FWLR (pt. 359) 1321 N.B.A. vs. Koku (2006) ALL FWLR (pt. 334) 1928 Obusez vs. Obusez (2007) 10 NWLR (pt. 1043) 430. Dan-Jumbo vs. Dan-Jumbo (1999) 7 SCNJ 112. None 95. Where a Testator dies without appointing Executors in his Will, what grant would be applied for by his personal representatives? Grant of Administration with the Will Annexed Grant of simple administration Grant of probate None of the above. None 96. Who collects stamp duties based on corporate instruments? The Banks The Federal Government The State Government The Ministry of Industry None 97. A Will is ambulatory because: It distributes the testator’s estate upon his death It is revocable at anytime before the death of the testator It speaks from the grave of the testator It is testamentary None 98. Which of the following information will not be relevant for you to prepare Chief Emeka’s will? Names and addresses of all beneficiaries Names and addresses of the executors His full name and address The certificate of occupancy of all his properties. None 99. Assuming Chief Emeka had a Will but only wants to make additions, which procedure would he adopt? Make a codicil Republication of the former Will Destruction of the former Will Revoke the former Will None 100. What documents indicates that power of attorney is a registrable instrument under the Lands Registration Law? Index of Power of Attorney Register of Power of Attorney Mutation Files Attorneys List None 101. Your new question!Where a legal practitioner acts for both the lessor and lessee, he shall charge -------------------------------------- The lessor’s legal practitioner full charge and the lessee’s legal practitioner full charge The lessee’s legal practitioner full charge and half of the lessor;s legal practitioner charge. The lessor’s legal practitioner’s charge and one half of those of the lessee’s legal practitioner. None of the above. None 102. If a client approached you on the procedure for the alteration of his Will, which method will you have recommended for him? He must prepare a new Will The testator and his witnesses must sign the altered part. The Will is invalidated by his intention to alter None of the above. None Madam Koko took a loan of N50 Million from United Bank for Africa. She intends to use her poperty at No.5 Oshin Street, Aba, Abia State as security for the loan. 103. What tax will not be applicable in this transaction? Registration fees Stamp duties Consent fee Capital Gains None 104. The legal age approved under the Wills Act for a testator to make a will is -------------- 21 years 20 years 18 years 17 years None 105. The factors to be considered in determining whether the testator possess testamentary capacity at the time of making his Will include the following except - The testator must have a good heart The testator must understand the extent of the property he is disposing The testator that understands the manner in which the property s shared among the beneficiaries. None of the above None 106. The following are the requirements of a valid Will except? Governor’s consent must be sought for and obtained. It must be in writing It must be signed the testator It must be duly executed. None Mrs. Lazarus Jacky died 25th December, 2010. He was the Managing Director of a five star hotel in Ilorin, Nigeria before his death. He made a Will and appointed Mr. Owonikiroron Esq as executors of the Will. The Will provides among others (the following clauses. i. Mr Toyota camry 2008 model to my first sonii. The sum o f 1 million from my Zenith Bank to Mrs. Dogoodiii. My 3 storey building at 22, Bode Thomas drive Maitama, Abuja to the Trustee of BWARI CHILD mrs dogood.107. Clause (i) in the above Will is called Pecuniary gift Residuary gift Specific gift General gift None 108. What document will Mr. Owonikoko and Mr Richman require to vest title on the Trustee of Bwari Child Foundation? An assignment An assent A deed of assent A deed of assignment None 109. Assuming the elder brother of Mr. Lazarus Jacky intends to challenge the grant of probate to the executor, he must file what type of application? Warning Motion expert without affidavit Motion on Notice with supporting affidavit Caveat None 110. Dr. Francis Brown is an Abuja based legal practitioner who had represented FIRST LINKS NIG LTD for many years in various matters especially recovery leases and perfecting property transactions. As at 31st July 2013 First Links Nig Ltd was indebted to Dr. Francis Brown’s firm to the tune of N15M. All attempts including writing of numerous letters to First Links Nig. Ltd have not yielded any positive result. What is the first step that Dr Francis Brown will take to recover this debt? Instruct a colleague to write a letter of demand to the company Beg First Links Nig Ltd to pay Send a bill of charges to First Links Nig. Ltd Sue First Links Nig. Ltd to pay. None 111. Which court has original jurisdiction to entertain the matter if Dr. Brown decided to institute an action? Multi-door court house Debt Recovery Tribunal District Court High Court of Justice None 112. If Dr. Brown were to send a bill of charges to First Links Nig Ltd, what is the stipulated period that he would give the company? 31 days 21 days 41 days 30 days None 113. Double probate will be granted in all but one of the following circumstances: Executors were more than four at the time of grant and one of the initial grantees later died. A minor who was one of the executors now attains majority. The executor is an elderly person. An executor who was mentally incapacitated recovers from mental condition. None 114. An executor can only execute his will: By acknowledgement By another Personally All of the above. None 115. One of the following is not an account to be filed by personal representatives Affidavit in verification Oath of Administration Inventory Account of administration None 116. All but one is not a procedure/document known to probate practice in Nigeria Warning Caveat Citation Declaration None 117. Where a child is a sole executor Letter of Administration with the Will annexed may be granted to his guardian. The court shall grant probate to such a will just like that. The court will remove the name of the child None of the above. None 118. All but one of the following is among the taxes to be paid during the perfection of a title to a property: Capital Gains Tax Consent fees Stamp duties Registration fee. None 119. Perfection of title in Enugu should take the following order: Registration, Consent, Stamping Stamping, consent, Registration Consent, Registration, Stamping Consent, Stamping, Registration. None 120. A Will is ambulatory because: It distributes the testator’s estate upon his death It speaks from the death of the testator It is testamentary It is revocable at any time before the death of the testator. None Miss Funmi Alaba who had just been recently called to bar was appointed as executor to the will of Alhaja Cashmoney together with the testator’s first son Blu Cashmoney and her first daughter Mrs Zin Lamin. The Will provides as follows: i. My 3 bedroom flat where I reside in Ibadan at No, 2 Jokun Street Eleyele be given to my first son Biu Cshmoney.ii. My Toyota car to my driver Kasaliiii. My collection of shoes by Jimmy Choo be given to my niece Simbo Omiriniv. My Solicitor Miss Funmi Alaba is hereby appointed as trustee to the fund of my grandchildren.121. One of the following clauses must be inserted in the Will to enable Miss Funmi Alaba demand her professional fees. Exemption Clause Residuary Clause Charging Clause Demonstrative Clause None 122. Clause (ii) in the Will is a ------------- Residuary Gift Specific Gift General Gift Pecuniary Gift. None 123. Assuming Isa Cashmoney the last son of the testator wishes to challenge the Will, he will need to take one of the following steps first: File an action for injunction in court File a Caveat File a Citation All of the above. None 124. All but one of the followings are not subject to ademption Pecuniary legacies Specific legacies Demonstrative legacies General legacies None 125. In contentious probate practice, a limited grant may be made by the court to an Applicant as to all but one of the following: General administration Property Purpose Time None 126. One of the following is not among the taxes to be paid during the perfection of the title to a property: Rent Consent fees Capital gains tax Stamp duties None 127. If Alhaji Modibbo had in his Will given Ebeano Plaza to his son, Shehu, under what document would title in the plaza pass to Shehu? The Letters of Administration The Assent The Probate The Will None Chief Bamgbose made his Will in 1998 in which he appointed Friday Bamgbose (his 1st Son), Alaska Oke (resident in the United States) and Abigail Bamgbose (his wife) executors. He died in 2008 but before his death, he bought a property in Abuja and 5,000 shares of Zenith Bank all in 2003. Friday Bamgbose, one of his sons, is interfering with the property in Abuja by arranging to use it as security for a personal loan of N10 Million. 128. What kind of grant can the executors seek to enable them take steps to preserve the property, now that their application for probate is still being processed: Double probate Specific grant General grant Limited grant None 129. By Section 47 of the Administration of Lagos State Law, Lagos, the executor’s year is: First 3 months of grant of probate First 1 year of grant of probate First 2 years of grant of probate First 6 months of grant of probate. None 130. How would the property in Abuja and 5,000 shares of Zenith Bank be administered: By Letter of Administration annexed with a Will Letter of Administration Probate Double probate None Time's up
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