Question 1

A will may be revoked if the testator intentionally burns or tears the will.

Accepted Answer

This is a valid way to revoke a will, along with other methods such as writing a new will or explicitly revoking the old will in writing.

Question 2

The person who makes the will is called the:&#10;A)Testator.&#10;B)Testatrix.&#10;C)Both of the above.&#10;D)None of the above.

Accepted Answer

The terms "testator" and "testatrix" refer to a person who makes a will, with "testator" traditionally used for males and "testatrix" for females. Therefore, both terms are correct depending on the gender of the person.

Question 3

Under the doctrine of ademption,the beneficiary:&#10;A)Is redeemed from having to pay estate taxes.&#10;B)Is allowed to select from the best of the property remaining after all taxes and creditors have been paid.&#10;C)Renounces claim to inherited property.&#10;D)Receives nothing.

Accepted Answer

C

Question 4

A person on his deathbed may make the following type of will:&#10;A)Deathbed will.&#10;B)Dying declaration will.&#10;C)Noncupative will&#10;D)All of the above.

Accepted Answer

All the options listed are types of wills that can be made by a person on their deathbed. A "Deathbed will" is a general term for a will made in anticipation of imminent death. A "Dying declaration will" refers to a will or testamentary statement made by a person who believes they are about to die. A "Nuncupative will" is a specific term for an oral will made in the presence of witnesses, often used in emergency or last-minute situations, typically when the testator is too ill or otherwise unable to write.

Question 5

Generally,wills need not be in writing to be valid.

Accepted Answer

Wills are required to be in writing to be considered valid in most jurisdictions. Some limited exceptions may exist for oral or nuncupative wills, but these are typically subject to strict formalities and must be made in certain emergency situations. It is important to consult with an attorney to ensure that your will meets the legal requirements in your state or country.

Question 6

A residuary gift means:&#10;A)A gift of the top ten percent of the estate holdings.&#10;B)A portion of every other gift that is handed-out.&#10;C)A gift of anything left over after everything else has been legally handed out.&#10;D)All of the above.

Accepted Answer

A residuary gift is a gift of anything that is left over (residual) after all other gifts have been distributed. It is not a gift of a specific percentage or portion of the estate, nor is it related to other gifts distributed. Therefore, the correct answer is C.

Question 7

Gifts in will can be specific,general,or residuary.

Accepted Answer

This is true. Specific gifts refer to a particular item or property, general gifts refer to a specific amount of money, and residuary gifts refer to whatever is left in the estate after specific and general gifts have been distributed.

Question 8

The elements that courts examine to determine undue influence include the following:&#10;A)The will contains substantial benefit to the beneficiary.&#10;B)The beneficiary caused or assisted in the execution of the will.&#10;C)The will has an unnatural disposition of the testator's property.&#10;D)All of the above.

Accepted Answer

All of the elements listed (substantial benefit to the beneficiary, beneficiary's involvement in execution of the will, and unnatural disposition of property) are considered by courts to determine whether undue influence was exerted on the testator when the will was created.

Question 9

When a testator distributes the same amount of money to all of his descendents,the method of gifting is known as:&#10;A)Arbitrary and unfair.&#10;B)Fair and equitable.&#10;C)Per-Stirpes.&#10;D)Per-Capita.

Accepted Answer

Per-Capita means that each descendant receives an equal share of the estate, regardless of how many children they have. This is considered fair and equitable, as opposed to Arbitrary and unfair, which would be distributing the funds based on personal preference rather than equal division. Per-Stirpes, on the other hand, divides the estate among branches of the family, with each branch receiving an equal share.  So, option D is the best choice.

Question 10

In Opperman v.Anderson the court found that the sold stock converted to cash was not an ademption,and allowed Anderson and Baker to have the two bank accounts.

Accepted Answer

In Opperman v. Pathan, the court found that the specific bequest of stock did adeem when it was sold and converted to cash before the testator's death, meaning the beneficiaries named to receive the stock did not inherit the proceeds from the sale.

Question 11

Generally,an inheritance may never be renounced.

Accepted Answer

The answer of Generally,an inheritance may never be renounced....

Question 12

Testamentary capacity means that the person making the will must:&#10;A)Be of legal age and sound mind.&#10;B)Be witnessed before two witnesses.&#10;C)Sign or initial every page.&#10;D)None of the above.

Accepted Answer

The answer of Testamentary capacity means that the person making...

Question 13

When two or more testators execute the same instrument as their will,the document is called a[n]:&#10;A)Illegal document.&#10;B)Reciprocal will.&#10;C)Joint will.&#10;D)None of the above.

Accepted Answer

The answer of When two or more testators execute the...

Question 14

Videotape or electronic recording can be used to supplement and strengthen a will.

Accepted Answer

The answer of Videotape or electronic recording can be used...

Question 15

The person who makes the will is called the Testatum.

Accepted Answer

The answer of The person who makes the will is...

Question 16

Most jurisdictions allow interested parties to act as witnesses to the making of a will.

Accepted Answer

The answer of Most jurisdictions allow interested parties to act...

Question 17

Under the holding In the Matter of the Estate of Reed,Mr.Reed's holographic will was found to be legal.

Accepted Answer

The answer of Under the holding In the Matter of...

Question 18

A will must,generally,be attested to by:&#10;A)The Testator.&#10;B)One competent witness.&#10;C)Two or three competent witnesses.&#10;D)Evidence of video taping.

Accepted Answer

The answer of A will must,generally,be attested to by:&#10;A)The Testator.&#10;B)One...

Question 19

The legal way to make changes to an existing will is through a[n]:&#10;A)Change order.&#10;B)Amendment.&#10;C)Codicil.&#10;D)Power of attorney.

Accepted Answer

The answer of The legal way to make changes to...

Question 20

A holographic will is one that is captured in computer memory.

Accepted Answer

The answer of A holographic will is one that is...

Deck 10: Wills,Trusts,and Estates