Question 1

Under the law of most states, the act of witnessing a will consists of
A) attesting only.
B) subscribing only.
C) attesting and subscribing.
D) None of the answers is correct.

Accepted Answer

Under the law of most states, the act of witnessing a will consists of both attesting (witnessing the signing of the will) and subscribing (signing the will as a witness). Therefore, the correct choice is C.

Question 2

Technically, the term will refers to an instrument that disposes of real property, and the term testament refers to an instrument that disposes of personal property.

Accepted Answer

Historically, a "will" was used to dispose of real property, while a "testament" was used to dispose of personal property. Over time, these terms have merged, and now "last will and testament" commonly refers to a single document disposing of both types of property.

Question 3

A holographic will is an oral will.

Accepted Answer

A holographic will is actually a handwritten will, not an oral one.

Question 4

A gift of real property in a will is called a
A) bequest.
B) legacy.
C) codicil.
D) devise.

Accepted Answer

A gift of real property in a will is called a devise. Bequest and legacy are terms used for gifts of personal property, and a codicil is a legal document used to make changes or additions to a will.

Question 5

For a will to be valid, the person making the will must have testamentary capacity.

Accepted Answer

Testamentary capacity means that the person making the will must be of sound mind, understand the nature of their actions, and understand the extent of their property. Without testamentary capacity, the will may be challenged as invalid.

Question 6

An oral contract to provide for another by will is unenforceable in most states.

Accepted Answer

This is known as a "contract to make a will", and it is typically unenforceable because it involves the transfer of property at death, which falls under the jurisdiction of probate courts. Most states require wills to be in writing and signed by the testator (the person making the will), with certain formalities, in order to be enforceable.

Question 7

Most states require that witnesses to a will be at least eighteen years old.

Accepted Answer

The answer of Most states require that witnesses to a...

Question 8

Altering the terms of a will is done most effectively by clearly crossing out the old terms and writing in the new ones.

Accepted Answer

Altering the terms of a will requires much more than simply crossing out old terms and writing in new ones. Any changes made to a will must follow specific legal requirements, which may include signing the updated will in front of witnesses and/or a notary public. It is generally recommended to consult with an attorney when making changes to a will.

Question 9

To be of sound mind to make a will, testators must know
A) in a general way, the nature and extent of their bounty.
B) in a general way, who would be the natural objects of their bounty.
C) that they are making a will.
D) All of the answers are correct.

Accepted Answer

All of the given choices are correct. To be of sound mind to make a will, testators must have a general understanding of the nature and extent of their property (A), the natural beneficiaries (B), and must know that they are making a will (C).

Question 10

With the exception of certain holographic wills allowed by many states, wills must be in writing.

Accepted Answer

The answer of With the exception of certain holographic wills...

Question 11

A devisee is a person who makes a gift of land in a will.

Accepted Answer

A devisee is a person who receives a gift of land in a will, not the person who makes the gift. The person who makes the gift is called the testator.

Question 12

A signature to a will may be any mark that the testator intends to be a signature.

Accepted Answer

This is stated in many jurisdictions' laws, such as the Uniform Probate Code in the United States. However, the specific requirements for a valid signature may vary by jurisdiction.

Question 13

Under the laws of most states, the age requirement for executing a will is
A) 14.
B) 16.
C) 18.
D) 21.

Accepted Answer

The age requirement for executing a will is generally 18 years old in most states. This means that someone must be at least 18 years old to legally execute a will. While some states may allow individuals as young as 14 or 16 to execute a will in certain circumstances, the general rule is that the person must be 18 or older.

Question 14

Under the laws of many states, a divorce or dissolution of marriage revokes an entire will.

Accepted Answer

In many states, a divorce or dissolution of marriage revokes only the provisions in a will that pertain to the former spouse, not the entire will.

Question 15

A person making a will must be of sound mind prior to the execution of the will.

Accepted Answer

The answer of A person making a will must be...

Question 16

The burden of proving the soundness of mind of a testator falls on the proponent of the will.

Accepted Answer

This is correct. The burden of proving the testator's soundness of mind, or testamentary capacity, is on the party advocating for the validity of the will, sometimes referred to as the proponent.

Question 17

A will that is entirely in the handwriting of the testator is called a
A) nuncupative will.
B) holographic will.
C) reciprocal will.
D) mutual will.

Accepted Answer

A will that is entirely in the handwriting of the testator is called a holographic will.

Question 18

People reach a particular age on the day before that birthday.

Accepted Answer

This is because the day before the birthday, the person has completed another year of their life and therefore have reached a new age.

Question 19

In a will contest, the burden of proving that there was no fraud or undue influence is on the person of standing, who has some beneficial interest that will be lost if the will is allowed.

Accepted Answer

In a will contest, the burden of proving that the will was valid and executed according to legal requirements is on the proponent of the will, not the person of standing who opposes it. However, if the will is successfully challenged, the burden may then shift to the person of standing to prove fraud or undue influence.

Question 20

To subscribe means to sign a document (as the person who wrote it, as a witness).

Accepted Answer

To subscribe means to sign a document or agreement as the person who wrote it or as a witness.

Quiz 5: The Last Will and Testament

Under the law of most states, the act of witnessing a will consists of