Deck 27: Principal Clauses in a Will

Question 1

What term describes the introductory paragraph of the will?

A) Preliminary clause
B) Preface clause
C) Exordium clause
D) Preamble clause

Answer 1

Exordium clause

Question 2

What must be included in the introductory paragraph of the will?

A) Testator's country of origin
B) Testator's level of education
C) Testator's occupation
D) Testator's full name

Answer 2

Testator's full name

Question 3

What clause is usually used as a source to pay debts?

A) Residuary
B) Attestation
C) Testimonium
D) In terrorem

Answer 3

Residuary

Question 4

What term describes the estate remaining after all individual items have been distributed by the will?

A) Remaining
B) Residuary
C) Outstanding
D) Lingering

Question 5

What is a purpose of the dispositive clause?

A) Provide a source for funeral expenses
B) State exactly what each beneficiary will receive
C) Provide a source for estate taxes
D) Give fiduciary powers

Question 6

What Latin phrase means "by right of representation"?

A) Per capita
B) Per se
C) Per stirpes
D) Pro se

Question 7

What is the purpose of the residuary clause?

A) Dispose the testator's property not otherwise given out
B) Name beneficiaries
C) Include a self-proving affidavit
D) State the testator's name and domicile

Question 8

What happens with the residuary estate if the residuary clause is omitted from the will?

A) Residue is distributed evenly among beneficiaries
B) Residue passes to heirs according to the law of intestate succession
C) Residue passes to the surviving spouse
D) Residue passes to the government

Question 9

What term describes an individual who legally has the responsibility over the care of the person?

A) Guardian ad litem
B) Guardian
C) Conservator
D) Administrator

Question 10

In some states, what term describes a person who legally has the care of the property?

A) Trustee
B) Garnishee
C) Conservator
D) Executor

Question 11

What term describes a person that agrees to pay the debts of another in the event of default?

A) Surety
B) Mentor
C) Custodian
D) Curator

Question 12

What is a bond?

A) Like an insurance policy for the benefit of the estate
B) Affidavit
C) Promissory note
D) Attached property

Question 13

Who is a fiduciary?

A) Executor
B) Administrator
C) Trustee
D) All of the above

Question 14

What power is given to fiduciaries under the will?

A) Conserve the property
B) Manage the property
C) All of the above
D) None of the above

Question 15

What clause establishes the source for the payment of estate taxes?

A) Tax allocation
B) Tax apportionment
C) Tax distribution
D) Tax allotment

Question 16

What may be a source for the payment of estate taxes?

A) Residuary clause
B) Taxes may be apportioned to the beneficiaries
C) Executor or administrator personally pays estate taxes
D) Both A and B

Question 17

What Latin term means "in warning"?

A) Corpus delicti
B) In terrorem
C) Mala prohibita
D) Ad damnum

Question 18

In states adopted the Uniform Probate Code, under what circumstance a no-contest clause is unenforceable?

A) There is probable cause to contest the will
B) Testator disinherited his or her children
C) Beneficiaries disagree with the will's provisions
D) Testator gave all his or her assets to charity

Question 19

What term describes the signature clause?

A) Testimonium clause
B) Definitive clause
C) Final clause
D) Ultimate clause

Question 20

What words are usually used in the beginning of the clause immediately preceding the testator's signature?

A) "THIS IS MY WILL"
B) "MY LAST WILL IS ANNOUNCED"
C) "IN WITNESS WHEREOF"
D) All of the above

Question 21

What term describes the clause preceding the witnesses' signatures?

A) Confirmation
B) Attestation
C) Corroboration
D) Substantiation

Question 22

What statement contains the clause preceding the witnesses' signatures?

A) Will was witnessed at the request of the testator
B) Will was signed by the witnesses in the presence of the testator
C) Will was signed by the witnesses in the presence of each other
D) All of the above

Question 23

What term describes a written statement made under oath?

A) Affidavit
B) Declaration
C) Authentication
D) Certification

Question 24

What is included in the self-proving affidavit clause?

A) Testimony of witnesses
B) Deposition of witnesses
C) Affidavit by witnesses
D) Verification by witnesses

Question 25

The introductory paragraph of the will states the full name of the testator.

Question 26

The will's introductory paragraph never mentions the annulment of any previous wills.

Question 27

A will commonly contains a clause stating that the debts will be paid out of the beneficiaries' shares.

Question 28

Usually, funeral expenses are paid from the residuary estate.

Question 29

A will's reference to another document makes that other document a part of the will.

Question 30

All states require that the document referenced in the will be in the testator's handwriting.

Question 31

In the residuary clause, the testator names beneficiaries and states exactly what each will receive.

Question 32

The residuary clause is the main part of the will.

Question 33

People often name someone in their will to serve as guardian of their minor children.

Question 34

The person appointed by the court to be the personal representative of the estate is called an executor.

Question 35

A will usually contains a clause stating that the executor can serve without giving surety on his or her bond.

Question 36

A bond is a promise by the executor to pay the bond's amount to the probate judge if the executor's duties are not diligently performed.

Question 37

A will may contain a clause providing fiduciaries with authority to conserve the estate's assets.

Question 38

Only people benefitting under the will can be personal representatives of the estate.

Question 39

Only estates sizable enough owe estate taxes.

Question 40

A will does not need a tax clause to provide the executor with the authority to pay any owed taxes.

Question 41

A no-contest clause is a necessary part of every valid will.

Question 42

A no-contest clause tries to disinherit any beneficiary contesting the will's provisions.

Question 43

A testimonium clause frequently contains a statement that the testator has initialed each of the previous pages.

Question 44

The signature clause immediately precedes the signatures of the witnesses.

Question 45

The attestation clause can be placed in the beginning of the will.

Question 46

The attestation clause states that the will was witnessed at the request of the testator.

Question 47

In all states courts allow a will without the testimony of witnesses if it contains a self-proving affidavit.

Question 48

The self-proving affidavit clause contains signatures of the witnesses.

Question 49

The testator's principal residence is called ________.

Question 50

The estate remaining after all individual items have been given by the will is called the residuary ________.

Question 51

The Uniform Probate Code acknowledges ________ by reference.

Question 52

The clause that disposes of all of the testator's property not otherwise given out is called the ________ clause.

Question 53

A guardian appointed by a court to protect a minor who brings a lawsuit is called a guardian ad ________.

Question 54

A person that agrees to pay the debts of another in the event of default is called a(n) ________.

Question 55

A person in a position of trust who has a duty to act in the best interest of others is called a(n) ________.

Question 56

The purpose of the ________ clause is to establish the source for the payment of estate taxes.

Question 57

A clause in the will attempting to disinherit any beneficiary contesting the provisions of the will is called an in ________ clause.

Question 58

The clause immediately preceding the testator's ________ is called the signature clause.

Question 59

The clause preceding the witnesses' signatures is called the ________ clause.

Question 60

A clause in a will containing an affidavit allowing the will to be accepted by the court as valid without the testimony of witnesses is called a(n) ________ affidavit.

Question 61

Match the terms with their descriptions:

-Residuary estate

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 62

Match the terms with their descriptions:

-Surety

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 63

Match the terms with their descriptions:

-Dispositive clauses

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 64

Match the terms with their descriptions:

-Attestation clause

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 65

Match the terms with their descriptions:

-Administratrix

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 66

Match the terms with their descriptions:

-Self-proving affidavit

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 67

Match the terms with their descriptions:

-Publication clause

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 68

Match the terms with their descriptions:

-No-contest clause

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 69

Match the terms with their descriptions:

-Residuary clause

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 70

Match the terms with their descriptions:

-Signature clause

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 71

Match the terms with their descriptions:

-Fiduciary

A) Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes
B) Clause preceding the witnesses' signatures
C) Person that agrees to pay the debts of another in the event of default
D) Clauses making up the main part of the will
E) Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 72

Define dispositive clauses. Identify and discuss a monetary gift that is per stirpes and a monetary gift that is per capita.

Question 73

Define a fiduciary. Compare and contrast an executor and a guardian.

Question 74

Define a no-contest clause. Discuss its pros and cons.

Question 75

Mildred and Richard think about making their will. They would like to appoint a person who will take care of their minor children in case Mildred and Richard would die while their children are still minors. Mildred's minor brother Noah is a party to a lawsuit, and he needs a person to represent him in court. Discuss what fiduciaries should be used in this scenario.

Question 76

Marvin is making a will to provide for his relatives. Since some beneficiaries under his previous will are not mentioned in his current will, Marvin wants to prevent his relatives from contesting his will. Discuss what clause he should include in his will and what additional information he needs to know.