Question 1

Which person is generally NOT automatically covered when the term children is used in a will?
A)Natural, marital child
B)Stepchild
C)Nonmarital child
D)Adopted child

Accepted Answer

Stepchildren are generally not automatically covered when the term "children" is used in a will, unless they have been legally adopted by the person making the will. Natural, marital children, nonmarital children, and adopted children are typically considered the decedent's children for inheritance purposes under most laws.

Question 2

Which is NOT a standard clause or provision of a will?
A)Specific testamentary gifts
B)Provision for residue of estate
C)Testator's signature
D)Power of attorney

Accepted Answer

Power of attorney is not a standard clause or provision of a will. It is a separate legal document that allows someone to act on your behalf while you are still alive, whereas a will takes effect after your death.

Question 3

A Letter of instructions is preferred to include which clause?
A)Exordium clause
B)Provision for payment of debts and funeral expenses
C)Instructions for funeral and burial
D)Specific testamentary gifts clause

Accepted Answer

A Letter of instructions typically includes personal wishes such as instructions for funeral and burial, rather than legal clauses like those found in a will.

Question 4

Which is the LEAST desirable place for a will to be kept?
A)With the testator
B)In the lawyer's office vault
C)With the clerk of the appropriate probate court
D)In a safety deposit box

Accepted Answer

A safety deposit box can be difficult to access after the testator's death, potentially requiring a court order, which can delay the probate process.

Question 5

Which part of a will names the person whom the testator wishes to care for his/her children in the event of the testator's death?
A)Appointment of personal and/or property guardian
B)Testamentary trust clause
C)Testimonium clause
D)Provision for residue of estate

Accepted Answer

The appointment of personal and/or property guardian section of a will specifically names the person whom the testator wishes to care for his/her children in the event of the testator's death. This part is crucial for ensuring the well-being of minor children by appointing a trusted guardian.

Question 6

Which grants another person the right to act legally on behalf of the person who authorizes and grants the power?
A)Living will
B)Power of attorney
C)Letter of instructions
D)Self-proving affidavit

Accepted Answer

Power of attorney is a legal document that grants one person the authority to act on behalf of another person in legal matters.

Question 7

What is the first priority in drafting a will under an attorney's supervision?
A)Understanding the client's objectives
B)Reviewing the selected draft with the client
C)Gathering data from the client
D)Analyzing the information

Accepted Answer

Understanding the client's objectives is the first priority in drafting a will under an attorney's supervision because it is essential to ensure that the will accurately reflects the client's wishes and intentions.

Question 8

The purpose of the exordium clause is to declare to the public all of the following EXCEPT:
A)Identity of the attorney
B)The testator's intent and capacity to create a will
C)The testator's intent to make this document the last will
D)The location of the testator's principal residence or domicile

Accepted Answer

The exordium clause in a will primarily serves to identify the testator, declare their intent to make the document their last will, and assert their capacity to do so. It does not typically include the identity of the attorney who drafted the will.

Question 9

Which is related to, but NOT part of, a standard will?
A)General revocation clause
B)Appointment of personal representative
C)Letter of instructions
D)Appointment of personal and/or property guardian

Accepted Answer

A letter of instructions is related to, but not legally part of, a standard will. It often includes personal wishes and instructions that aren't legally binding, unlike the other options which are integral parts of a will.

Question 10

Which is NOT an example of a specific testamentary gift?
A)Devise
B)Bequest
C)Legacy
D)Memorandum

Accepted Answer

A memorandum is not typically considered a form of specific testamentary gift. Specific testamentary gifts refer to particular items or assets given to a specific person through a will, such as real estate (devise), personal property (bequest), or money (legacy). A memorandum might be used in estate planning to provide additional instructions or wishes but does not itself constitute a specific gift.

Quiz 6: Final Draft and Execution of a Valid Will

Which person is generally NOT automatically covered when the term children is used in a will?

Which is NOT a standard clause or provision of a will?

A Letter of instructions is preferred to include which clause?

Which is the LEAST desirable place for a will to be kept?

Which part of a will names the person whom the testator wishes to care for his/her children in the event of the testator's death?

Which grants another person the right to act legally on behalf of the person who authorizes and grants the power?

What is the first priority in drafting a will under an attorney's supervision?

The purpose of the exordium clause is to declare to the public all of the following EXCEPT:

Which is related to, but NOT part of, a standard will?

Which is NOT an example of a specific testamentary gift?