Home › Model Answers › FE-1 Entrance Examination › Property Law › Simultaneous death, and a child’s claim under section 117
FE-1 · Property Law · Repeat Question
Simultaneous death, and a child’s claim under section 117
Two joint tenants killed in the same air crash, and a daughter left nothing while her wealthy brother takes the estate. Section 5 and section 117 in a single two-part question — and part (b) appears in two different versions.
Independent LawShortcut model answer. Independently authored by LawShortcut for exam preparation. It reproduces no examination question. LawShortcut is independent of, and not affiliated with or endorsed by, any examining or professional body, including the Law Society of Ireland.
What this model answer covers
Sections in the full LawShortcut model answer:
- Reading the question
- Part (a), Issue 1 — Joint tenancy and the right of survivorship
- Part (a), Issue 2 — Section 5: deemed simultaneous death and the deemed tenancy in common
- Part (a), Issue 3 — If survival could be proved, and what the executors should do
- Part (b), Issue 1 — Section 117: the duty, the test and the onus
- Part (b), Issue 2 — The factors, and the weight of lifetime provision
- Part (b), Issue 3 — Estrangement and the daughter’s conduct
- Part (b), Issue 4 — The husband: the legal right share caps everything
- Part (b), Issue 5 — The time limit
- Part (b), Issue 6 — The two versions of the will compared
- Overall advice
Full model answer
Read the complete LawShortcut model answer — reading the question, the law, application to the facts, where the marks live, the authorities relied on and the reusable structure.
Part of the FE-1 Property Repeat Question Model Answers. Every authority checked against primary sources; nothing cited that has not been verified.
All Property Law answersFE-1 Model AnswersFree repeat analysis