Deck 6: Structure of a Model Will

Question 1

In all states, a gift in a will of an identifiable parcel of real property is called a

A) specific legacy.
B) general legacy.
C) specific devise.
D) demonstrative devise.

Answer 1

C

Question 2

An advantage of a specific legacy is that it is not subject to ademption.

Answer 2

False

Question 3

In naming the testator in a will, it is important to include all names that the testator uses in the ownership of all types of property, including real property, personal property, securities, and bank accounts.

Answer 3

True

Question 4

The opening paragraph of a will is called the

A) attestation clause.
B) exordium clause.
C) testimonium clause.
D) self-proof clause.

Question 5

A person can have several domiciles but only one residence at any particular time.

Question 6

The exordium clause is the final clause of a will.

Question 7

A document that is not yet in existence may be incorporated by reference in a will.

Question 8

When naming the testator in a will, it is important to include all names that the testator uses in the ownership of property.

Question 9

In states that have not adopted the Uniform Probate Code (UPC), a gift in a will of an identifiable item such as a car is called a

A) specific legacy.
B) general legacy.
C) specific devise.
D) demonstrative devise.

Question 10

It is recommended that attorneys draft a client's will without discussing the client's wishes.

Question 11

The courts in some states do not treat as binding the testator's wishes regarding funeral and burial arrangements.

Question 12

An administrator is a person who is named in a will to serve as the personal representative of the estate.

Question 13

There are two types of guardians: a guardian of the person and a guardian of the property.

Question 14

Since the executor is not required by law to pay the debts of the decedent, it is necessary to put a clause in the will instructing the executor to do so.

Question 15

To change a domicile, one must

A) abandon the first domicile.
B) intend not to return to the first domicile.
C) be physically present in the new place with the intent to make it one's permanent home.
D) All of the answers are correct.

Question 16

The dispositive provisions of a will are the provisions that dispose of the testator's property.

Question 17

It is always advisable to include funeral and burial arrangements or cremation instructions in a will.

Question 18

In states that have adopted the UPC, a gift in a will of an identifiable item such as a car is called a

A) specific legacy.
B) general legacy.
C) specific devise.
D) demonstrative devise.

Question 19

One's domicile is the place to which one intends to return whenever one is absent.

Question 20

An advantage of a specific legacy is that it is used for the payment of debts only after money from the general assets of the estate has been depleted.

Question 21

A gift of money in a will is known as

A) a demonstrative devise.
B) a specific bequest.
C) a pecuniary bequest.
D) All of the answers are correct.

Question 22

A person or company that insures or guarantees that another person's debt will be paid by becoming liable for the debt when it is made is known as a(n)

A) executor.
B) surety.
C) guardian.
D) personal representative.

Question 23

How many domiciles may an individual have?

A) One
B) Two
C) Three
D) Unlimited

Question 24

A common type of specific legacy is a

A) gift of money from the general assets of the estate.
B) pecuniary bequest.
C) gift of all of the testator's property that is not disposed of in other clauses of the will.
D) gift of all of one's tangible personal property.

Question 25

A provision eliminating a will contestant from being a beneficiary under the will is called

A) a no-contest clause.
B) an in terrorem clause.
C) neither a no-contest clause nor an in terrorem clause.
D) both a no-contest clause and an in terrorem clause.

Question 26

If the testator does not own an item at the time of death, the person named to receive it receives nothing. This is known as

A) a dispositive provision.
B) ademption.
C) incorporation by reference.
D) a specific legacy.

Question 27

The clause in a will that follows the testator's signature and precedes the witness's signature is the

A) attestation clause.
B) exordium clause.
C) testimonium clause.
D) self-proof clause.

Question 28

The clause in the will that comes immediately before the testator's signature is the

A) attestation clause.
B) exordium clause.
C) testimonium clause.
D) self-proof clause.

Question 29

A provision eliminating a will contestant from being a beneficiary under the will is called a(n)

A) self-proof clause.
B) signature clause.
C) publishing clause.
D) in terrorem clause.

Question 30

A clause in a will that disposes of all items not specifically given away (the "leftovers") is known as the

A) residuary clause.
B) attestation clause.
C) exordium clause.
D) testimonium clause.