Question 1

​Tom executes a will in which he leaves everything to his spouse, Victoria, and in which he appoints Warren to administer his estate. This must be signed by
A) ​Tom only.
B) ​Tom and Victoria only.
C) ​Tom, Victoria, and Warren.
D) ​a probate judge.

Accepted Answer

A will only needs to be signed by the testator (Tom in this case). While it is recommended to have witnesses sign as well for validity, it is not required. Therefore, choice A is the correct answer.

Question 2

​Ginny opens an account at Home Bank for $250,000-most of her assets. The account provides that it is held in trust for Harriet, Ginny's nurse during the last years of Ginny's life. Less than a year later, Ginny dies, and Harriet withdraws the funds. These facts indicate
A) ​a will substitute.
B) ​a holographic will.
C) ​per stirpes distribution.
D) ​undue influence.

Accepted Answer

The answer of ​Ginny opens an account at Home Bank...

Question 3

Kim is asked to serve as a witness to Lian's will. To qualify, Kim must be​
A) ​a collateral heir.
B) ​a lineal descendant.
C) ​at least eighteen years old.
D) ​mentally competent.

Accepted Answer

A witness to a will must be mentally competent to understand the nature and consequences of the act of witnessing.

Question 4

​Graham's will leaves $100,000 to his two children, Harry and Ida. When Graham dies, he only has $80,000 to honor his bequests. Harry and Ida each receive $40,000. This is
A) ​a constructive trust.
B) ​an abatement.
C) ​a violation of the law.
D) ​a devise.

Accepted Answer

Abatement is the reduction in the amount of bequests when the value of the estate is insufficient to satisfy all the bequests. In this case, the total value of Graham's estate is $80,000 which is $20,000 short of the $100,000 he wished to give to his children. Therefore, each child received $40,000 which is a reduction from the original bequest.

Question 5

​Jim is fifteen years old, Leo is eighteen years old and Bev is twenty-one years old. Phil is looking for witnesses for his will. Of the three persons mentioned, the witnesses can include
A) ​only Jim.
B) ​only Jim and Leo.
C) ​only Leo and Bev.
D) ​Jim, Leo, and Bev.

Accepted Answer

Anyone who is of legal age, which is eighteen in most countries, can be a witness in a will. Hence, all three persons, Jim (15), Leo (18), and Bev (21), can be witnesses. Therefore, the best choice is D, which includes all three of them.

Question 6

​For Melinda's will to be valid, she must be mentally competent at the time of
A) ​death.
B) ​the acquisition of the property to be distributed under the will.
C) ​the making of the will.
D) ​the probate of the will.

Accepted Answer

In order for a will to be valid, the testator must have testamentary capacity or mental competency at the time of making the will. This means that the testator must understand the nature and extent of their property, the natural objects of their bounty (who they would usually leave their property to), and the effect of making a will. Mental competency at the time of death, at the acquisition of property, or during probate is not relevant to the validity of the will.

Question 7

Kendall executes a separate written instrument to amend her prior will. This separate document is​
A) ​a bequest.
B) ​a codicil.
C) ​a devise.
D) ​a holographic will.

Accepted Answer

The separate written instrument that amends a prior will is known as a codicil. A bequest refers to a gift of personal property in a will, a devise refers to a gift of real property in a will, and a holographic will is a will that is entirely handwritten by the testator.

Question 8

​Regina handwrites her entire will on a legal pad. This will is
A) ​invalid.
B) ​a holographic will.
C) ​a nonholographic will.
D) ​residuary.

Accepted Answer

Regina's handwritten will on a legal pad is considered a holographic will, which is a valid type of will in some states.

Question 9

​Jack's will states, "I leave my red sports car to Kayla." This is
A) ​a specific legacy.
B) ​a devise.
C) ​an execution.
D) ​a general legacy.

Accepted Answer

A specific legacy refers to a particular item or asset bequeathed to a beneficiary, such as a specific car in this case.

Question 10

​In his will, Bryson makes a gift of $12,000 to Curtis. This is
A) ​a general bequest.
B) ​a general devise.
C) ​a specific bequest.
D) ​a specific devise.

Accepted Answer

A general bequest is a gift of a certain amount of money or property that is not tied to a specific asset or item. Since the gift to Curtis is a sum of money, it is considered a general bequest.

Question 11

​According to the terms of Carmen's will, specific gifts are made, and taxes and other estate expenses and debts are paid. The assets of Carmen's estate that remain are most likely to be distributed
A) ​by codicil.
B) ​holographically.
C) ​per capita.
D) ​through a residuary clause.

Accepted Answer

Assets that remain after specific gifts, taxes, and debts are paid are typically distributed through a residuary clause in the will.

Question 12

​In his will, Jason leaves $10,000 to each of his three children. However, after Jason dies and all his debts are paid, there is only $9,000 left in his estate. Each child will receive
A) ​$10,000.
B) ​$3,000.
C) ​$1,000.
D) ​$500.

Accepted Answer

Since there is only $9,000 left in the estate and each child was supposed to receive $10,000, it means that there is a shortfall of $1,000 per child. Therefore, each child will receive $9,000/3 = $3,000.

Question 13

​Martin's will states, "I leave my gold pocket watch to Laurie." Laurie dies before Martin. This creates
A) ​an abatement.
B) ​a general devise.
C) ​a lapsed legacy.
D) ​a residuary legacy.

Accepted Answer

When a gift in a will is left to a specific individual who dies before the testator (person who made the will), it creates a lapsed legacy. The gift will no longer be distributed according to the terms of the will and will instead be distributed according to the laws of intestacy or to other residuary beneficiaries named in the will.

Question 14

​Before dying from injuries suffered in an accident, Lynda tells her cousin Marina that on her death, Natalia is to be given possession of Lynda's farm. In most states, this oral "will" would be
A) ​not permitted.
B) ​permitted but not probated.
C) ​valid only because its witness is not its beneficiary.
D) ​valid only because it does not involve a transfer of personal property.

Accepted Answer

In most states, an oral will is not valid or permitted. A will must be in writing and signed by the testator (person making the will) and witness(es) in accordance with the laws of the state in order to be valid. Even if Lynda had expressed her wishes verbally, it would not be enforceable as a legal will.

Question 15

​Ruth executes a will in 2015 naming her nephew Stan as sole beneficiary. In 2017, Ruth executes another will, naming her niece Tammy as sole beneficiary, but does not state that she is revoking the previous will. On Ruth's death
A) ​Stan and Tammy will share the estate in equal shares.
B) ​Stan will be the sole heir.
C) ​Tammy will be the sole heir.
D) ​the estate will pass as if there were no will.

Accepted Answer

When a testator (person making a will) executes a subsequent will that does not explicitly revoke a previous will, the subsequent will is considered to revoke the previous will in its entirety. Therefore, Tammy would be the sole beneficiary of the estate.

Question 16

​The owners of Designer Apps, Inc., want to execute wills. Eve is fifteen years old, Fran is seventeen, and Gail is nineteen. In most states, those with the capacity to execute a will are
A) ​all of the owners of Designer Apps.
B) ​Fran and Gail only.
C) ​Gail only.
D) ​none of the owners of Designer Software.

Accepted Answer

In most states, the legal age for executing a will is 18. Therefore, only Gail, who is 19 years old, has the legal capacity to execute a will. Eve and Fran do not have the capacity to execute a will due to their age.

Question 17

​Meryl's daughter Nixie dies before Meryl, leaving Nixie's son Orman. On Meryl's death, it is learned that her will gives "to my daughter Nixie my farm near Pratt, Kansas." Most likely, the gift of the farm will lapse in part.
A) ​abate.
B) ​not lapse.
C) ​lapse in full.
D) ​lapse in part.

Accepted Answer

The gift will lapse in full because Nixie predeceased Meryl, and typically, unless there is a provision in the will for such a situation, the gift does not pass to Nixie's heirs.

Question 18

Lani is asked to serve as a witness to Mona's will. To qualify, Lani must​
A) ​read the will to Mona.
B) ​hear Mona read the will.
C) ​read the will.
D) ​none of the choices.

Accepted Answer

A witness to a will does not need to read the will or hear it read; they only need to witness the testator's signature and attest to it.

Question 19

​Jill handwrites what she intends to be her will on a blank sheet of paper in ink. If Jill has capacity, this "will" is valid
A) ​under no circumstances.
B) ​if Jill signs it, without more.
C) ​if Jill signs it and at least three witnesses sign it.
D) ​if Jill signs it, at least three witnesses sign it, and it is filed in the appropriate state or county office.

Accepted Answer

Most states recognize a holographic will, which is a will that is entirely written, dated, and signed in the testator's handwriting. While witnesses are not required for this type of will to be valid, some states may require additional evidence to prove that the handwriting and signature are that of the testator.

Question 20

​Finnegan dies without a will, with no surviving spouse or child. Finnegan's survivors include his grandson Gallagher, his niece Hailey, and his cousin Innis. In most states, his estate would pass to
A) ​Gallagher.
B) ​Hailey.
C) ​Innis.
D) ​the state.

Accepted Answer

In most states, intestate succession laws prioritize descendants, so the estate would pass to Finnegan's grandson, Gallagher, as the closest living relative in the line of descent.

Quiz 51: Wills and Trusts

​Tom executes a will in which he leaves everything to his spouse, Victoria, and in which he appoints Warren to administer his estate. This must be signed by

​Ginny opens an account at Home Bank for $250,000-most of her assets. The account provides that it is held in trust for Harriet, Ginny's nurse during the last years of Ginny's life. Less than a year later, Ginny dies, and Harriet withdraws the funds. These facts indicate

Kim is asked to serve as a witness to Lian's will. To qualify, Kim must be​

​Graham's will leaves $100,000 to his two children, Harry and Ida. When Graham dies, he only has $80,000 to honor his bequests. Harry and Ida each receive $40,000. This is

​Jim is fifteen years old, Leo is eighteen years old and Bev is twenty-one years old. Phil is looking for witnesses for his will. Of the three persons mentioned, the witnesses can include

​For Melinda's will to be valid, she must be mentally competent at the time of

Kendall executes a separate written instrument to amend her prior will. This separate document is​

​Regina handwrites her entire will on a legal pad. This will is

​Jack's will states, "I leave my red sports car to Kayla." This is

​In his will, Bryson makes a gift of $12,000 to Curtis. This is

​According to the terms of Carmen's will, specific gifts are made, and taxes and other estate expenses and debts are paid. The assets of Carmen's estate that remain are most likely to be distributed

​In his will, Jason leaves $10,000 to each of his three children. However, after Jason dies and all his debts are paid, there is only $9,000 left in his estate. Each child will receive

​Martin's will states, "I leave my gold pocket watch to Laurie." Laurie dies before Martin. This creates

​Before dying from injuries suffered in an accident, Lynda tells her cousin Marina that on her death, Natalia is to be given possession of Lynda's farm. In most states, this oral "will" would be

​Ruth executes a will in 2015 naming her nephew Stan as sole beneficiary. In 2017, Ruth executes another will, naming her niece Tammy as sole beneficiary, but does not state that she is revoking the previous will. On Ruth's death

​The owners of Designer Apps, Inc., want to execute wills. Eve is fifteen years old, Fran is seventeen, and Gail is nineteen. In most states, those with the capacity to execute a will are

​Meryl's daughter Nixie dies before Meryl, leaving Nixie's son Orman. On Meryl's death, it is learned that her will gives "to my daughter Nixie my farm near Pratt, Kansas." Most likely, the gift of the farm will lapse in part.

Lani is asked to serve as a witness to Mona's will. To qualify, Lani must​

​Jill handwrites what she intends to be her will on a blank sheet of paper in ink. If Jill has capacity, this "will" is valid

​Finnegan dies without a will, with no surviving spouse or child. Finnegan's survivors include his grandson Gallagher, his niece Hailey, and his cousin Innis. In most states, his estate would pass to

Tom executes a will in which he leaves everything to his spouse, Victoria, and in which he appoints Warren to administer his estate. This must be signed by

Ginny opens an account at Home Bank for $250,000-most of her assets. The account provides that it is held in trust for Harriet, Ginny's nurse during the last years of Ginny's life. Less than a year later, Ginny dies, and Harriet withdraws the funds. These facts indicate

Kim is asked to serve as a witness to Lian's will. To qualify, Kim must be

Graham's will leaves $100,000 to his two children, Harry and Ida. When Graham dies, he only has $80,000 to honor his bequests. Harry and Ida each receive $40,000. This is

Jim is fifteen years old, Leo is eighteen years old and Bev is twenty-one years old. Phil is looking for witnesses for his will. Of the three persons mentioned, the witnesses can include

For Melinda's will to be valid, she must be mentally competent at the time of

Kendall executes a separate written instrument to amend her prior will. This separate document is

Regina handwrites her entire will on a legal pad. This will is

Jack's will states, "I leave my red sports car to Kayla." This is

In his will, Bryson makes a gift of $12,000 to Curtis. This is

According to the terms of Carmen's will, specific gifts are made, and taxes and other estate expenses and debts are paid. The assets of Carmen's estate that remain are most likely to be distributed

In his will, Jason leaves $10,000 to each of his three children. However, after Jason dies and all his debts are paid, there is only $9,000 left in his estate. Each child will receive

Martin's will states, "I leave my gold pocket watch to Laurie." Laurie dies before Martin. This creates

Before dying from injuries suffered in an accident, Lynda tells her cousin Marina that on her death, Natalia is to be given possession of Lynda's farm. In most states, this oral "will" would be

Ruth executes a will in 2015 naming her nephew Stan as sole beneficiary. In 2017, Ruth executes another will, naming her niece Tammy as sole beneficiary, but does not state that she is revoking the previous will. On Ruth's death

The owners of Designer Apps, Inc., want to execute wills. Eve is fifteen years old, Fran is seventeen, and Gail is nineteen. In most states, those with the capacity to execute a will are

Meryl's daughter Nixie dies before Meryl, leaving Nixie's son Orman. On Meryl's death, it is learned that her will gives "to my daughter Nixie my farm near Pratt, Kansas." Most likely, the gift of the farm will lapse in part.

Lani is asked to serve as a witness to Mona's will. To qualify, Lani must

Jill handwrites what she intends to be her will on a blank sheet of paper in ink. If Jill has capacity, this "will" is valid

Finnegan dies without a will, with no surviving spouse or child. Finnegan's survivors include his grandson Gallagher, his niece Hailey, and his cousin Innis. In most states, his estate would pass to