Deck 25: Wills, Testaments, and Advance Directives

Question 1

Today, what term describes a gift of personal property in a will?

A) Bequest
B) Legacy
C) All of the above
D) None of the above

Answer 1

All of the above

Question 2

What term describes a person receiving a gift under a will?

A) Beneficiary
B) Fiduciary
C) Donee
D) Grantee

Answer 2

Beneficiary

Question 3

What uniform law standardizes laws relating to the affairs of decedents?

A) Universal Probate Code
B) Uniform Probate Code
C) All-American Probate Code
D) All of the above

Answer 3

Uniform Probate Code

Question 4

Under the UPC, who is a devisee?

A) Person receiving a gift of real property under a will
B) Person receiving a gift of personal property under a will
C) All of the above
D) None of the above

Question 5

In most states, what is a statutory determined minimum age for making a will?

A) 14
B) 16
C) 18
D) 21

Question 6

Under the common law, when do people become 18 years of age?

A) On the day before their 18th birthday
B) On the day of their 18th birthday
C) On the day after their 18th birthday
D) Any day during a month of their birthday

Question 7

What phrase is used as an equivalent to "soundness of mind" with respect to a testator?

A) Analytical reasoning
B) Testamentary capacity
C) Critical thinking
D) Cognitive perception

Question 8

Who is allowed to testify about the testator's mental condition?

A) Witnesses to the will
B) Testator's family physician
C) Experts in the area of mental diseases
D) All of the above

Question 9

What is a characteristic of a holographic will?

A) Written entirely by the testator
B) Signed by the testator
C) Has no witnesses
D) All of the above

Question 10

In jurisdictions where nuncupative will are disallowed, for whom is an exception made?

A) Soldiers in military service
B) Mariners at sea
C) All of the above
D) None of the above

Question 11

What term describes the first paragraph in a will?

A) Exordium clause
B) Habendum
C) Ad damnum
D) Addendum

Question 12

In some states, who can sign the testator's name at the testator's request in the testator's presence?

A) Beneficiary
B) Attesting witness
C) Executor
D) Notary public

Question 13

What is a characteristic of a competent witness?

A) Being at least 18
B) Being of sound mind
C) All of the above
D) None of the above

Question 14

Who is a disinterested witness?

A) Person who will not inherit any property from the will
B) Person who will not gain financially by signing the will
C) All of the above
D) None of the above

Question 15

What does it mean to write below?

A) Inscribe
B) Subscribe
C) Put pen to paper
D) Mark

Question 16

What term describes people who witness the signing of a document and then sign the document as witnesses?

A) Trusted witnesses
B) Fiduciaries
C) Attesting witnesses
D) Subscribing witnesses

Question 17

The witnesses must subscribe in the presence of what person?

A) Testator
B) Another witness
C) Beneficiary
D) Public notary

Question 18

How a person may be aware of the presence of another?

A) By sight
B) By hearing
C) By touch
D) All of the above

Question 19

What is another term for a health care proxy?

A) Advance directives
B) Durable power of attorney
C) Medical power of attorney
D) Springing power

Question 20

What term describes a living will?

A) Directive to physicians
B) Medical directive
C) Health care declaration
D) All of the above

Question 21

In a will, a gift of real property is called a bequest.

Question 22

Under early English common law, the Latin term "testament" referred to an instrument that disposed of personal property.

Question 23

Nowadays in the U. S., each state has enacted its statutes governing the formalities of executing wills.

Question 24

A common requirement for executing a will is that the will must be signed by one competent witness.

Question 25

In California, a person as young as 14-years old can legally make a will.

Question 26

According to the Social Security Agency's regulation, a person reaches a particular age on the day before his or her birthday.

Question 27

Soundness of mind is also referred to as cognitive capacity.

Question 28

The question of soundness of the testator's mind may be raised in a contested will case.

Question 29

All jurisdictions in the U.S. recognize holographic wills as valid.

Question 30

In Indiana, a nuncupative will may be made only by a person in imminent peril of death.

Question 31

For a will to be recognized as valid, it must be signed by a testator.

Question 32

In a valid will, the testator's signature cannot be made by an "X" or other similar mark.

Question 33

In Louisiana, a will must be signed by two witnesses plus a notary public.

Question 34

In Florida, a will is valid even if an interested witness signed it.

Question 35

"To testify" means to bear witness to the testator's signature.

Question 36

Witnesses, who sign a will, never testify if the will's authenticity is contested.

Question 37

The witnesses must subscribe in the presence of the testator.

Question 38

Jurisdictions may have different rules about what it means to be in the testator's presence.

Question 39

Individual state laws regulate advance directives.

Question 40

In most states, a durable power of attorney is limited to health care issues.

Question 41

A person receiving a gift under a will is called a(n) ________.

Question 42

Under the UPC, the term ________ refers to a gift under a will of either real or personal property.

Question 43

Most state laws set the ________ age for making a will at 18.

Question 44

Soundness of mind is also referred to as ________ capacity.

Question 45

A will written and signed by the testator, but not in the presence of witnesses, is called a(n) ________ will.

Question 46

There are no statutory requirements for the testator's ________ be in any particular form.

Question 47

Usually, a witness to a will needs to be a(n) ________ witness.

Question 48

Attestation is the act of the senses, but ________ is the act of the hand.

Question 49

The witnesses must sign a will in the presence of the ________.

Question 50

A written statement authorizing an agent to make medical treatment decisions for a person in the event of that person's inability to do so is called a health care ________.

Question 51

Match the terms with their descriptions:

-Proponent of the will

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 52

Match the terms with their descriptions:

-Advance directives

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 53

Match the terms with their descriptions:

-Intestate share

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 54

Match the terms with their descriptions:

-Be signed in the testator's presence

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 55

Match the terms with their descriptions:

-Georgia

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 56

Match the terms with their descriptions:

-Nuncupative will

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 57

Match the terms with their descriptions:

-Testatrix

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 58

Match the terms with their descriptions:

-To subscribe

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 59

Match the terms with their descriptions:

-Uniform Probate Code

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 60

Match the terms with their descriptions:

-Exordium clause

A) Woman making a will
B) Oral will
C) Statutory requirement of a valid will
D) The first paragraph of a will
E) Amount inherited by heirs had the decedent died without a will
F) Person presenting the will to the court for allowance
G) To write below
H) State allowing a 14-year-old person to make a will
I) Uniform law attempting to standardize laws relating to the affairs of decedents
J) Written statements specifying whether one wants life-sustaining medical treatment if one become desperately ill

Question 61

Define estate planning. Compare and contrast a will and a testament under common law.

Question 62

Identify what constitute soundness of mind of a testator. Explain who can testify as to the testator's soundness mind if the will is contested.

Question 63

Define what does it means to attest and subscribe a will. Explain the purpose of a self-proving will.

Question 64

In your opinion, why some jurisdictions consider holographic and nuncupative wills invalid?

Question 65

In your opinion, why in the U.S. euthanasia is illegal, but "physician assisted dying"
is legal?