Question 1

Statutes often require that the attestation of witnesses be made in the presence of the testator and in the presence of each other.

Accepted Answer

This requirement is common in many jurisdictions and is meant to ensure that the witnesses can attest to the authenticity of the testator's signature and the validity of the will.

Question 2

Under the Uniform Simultaneous Death Act,if survivorship cannot be established,the property of each person is disposed of as though each had survived the other.

Accepted Answer

This is correct according to the Uniform Simultaneous Death Act, which is a law followed by many states in the United States. If it cannot be determined who died first, the law assumes that each person survived the other and their property is disposed of accordingly.

Question 3

A will,to be effective,always must be dated.

Accepted Answer

False

Question 4

A will is very informal and may be created in any reasonable manner.

Accepted Answer

A will must meet certain formalities in order to be recognized as legally valid. These formalities vary by jurisdiction, but typically include requirements such as being in writing, signed by the testator (the person making the will) and witnesses, and executed with a certain degree of formality.

Question 5

The debts of a decedent are paid prior to distribution of any balance of the estate to those entitled to receive it.

Accepted Answer

This is known as the principle of abatement, where debts are paid first before the remaining assets are distributed to heirs or beneficiaries.

Question 6

Antilapse statutes commonly provide that the gift to the deceased beneficiary shall not lapse but that the children or heirs of that beneficiary may take the legacy in the place of the deceased beneficiary.

Accepted Answer

This statement accurately describes the purpose of antilapse statutes, which prevent gifts from failing due to the death of a beneficiary by allowing that beneficiary's children or heirs to inherit the gift instead.

Question 7

A holographic will is an unwitnessed will that is written by the testator entirely by hand.

Accepted Answer

A holographic will is indeed an unwitnessed will that is written entirely by hand by the testator.

Question 8

One desiring to leave the balance of an estate to a specified person or group after specific bequests are satisfied may do so by making a residuary bequest in a will.

Accepted Answer

This statement is true. A residuary bequest in a will directs that the remaining assets in an estate after specific gifts and bequests are distributed go to a designated beneficiary or beneficiaries.

Question 9

The judge,not the decedent,has the privilege of naming who is to administer the estate of a person who has died with a will.

Accepted Answer

The answer of The judge,not the decedent,has the privilege of...

Question 10

Generally,the right to make a will is limited to persons 18 or older.

Accepted Answer

This is generally true as most jurisdictions require a testator to be at least 18 years old to have the legal capacity to make a valid will. However, the age requirement may vary depending on the state or country's laws.

Question 11

A living will,now legal in most states,provides that if the testator becomes unable to express his or her wishes and is in an irreversible,incurable medical condition,he or she does not want life-sustaining medical treatments.

Accepted Answer

A living will is a legal document that allows individuals to specify their wishes regarding medical treatment if they are unable to do so themselves, typically due to a serious illness or injury. In most states, a living will can provide that the individual does not want life-sustaining medical treatments if they are in an irreversible, incurable medical condition.

Question 12

A will cannot be modified by merely crossing out a clause and writing in something new.

Accepted Answer

A will requires formal modification through a codicil or a new will altogether. Simply crossing out a clause and writing in something new is not considered legally valid.

Question 13

A written will must be signed by the testator at the bottom or end of the will.

Accepted Answer

This is true. The testator must sign the will at the bottom to show that they agree with and authenticate the contents of the document. This signature must also be witnessed by two individuals who are not beneficiaries of the will.

Question 14

Testamentary intent makes the provisions of the testator effective and binding during the testator's life.

Accepted Answer

Testamentary intent only becomes effective after the testator's death, not during their life.

Question 15

To make a valid will,the testator must have testamentary capacity.

Accepted Answer

Testamentary capacity refers to the legal and mental ability of a person to understand and execute a valid will. It includes understanding the nature and extent of their property, the natural objects of their bounty (i.e. who they want to leave their property to), and the consequences of executing a will. Without testamentary capacity, a will may be deemed invalid.

Question 16

Testate distribution describes the distribution that is made when the decedent leaves an invalid will.

Accepted Answer

Testate distribution refers to the distribution made when the decedent leaves a valid will, whereas intestate distribution refers to the distribution made when the decedent dies without a valid will.

Question 17

When specifically bequeathed property is sold or given away by the testator prior to death,the bequest is considered "redeemed."

Accepted Answer

When specifically bequeathed property is sold or given away by the testator prior to death, the bequest is considered adeemed, meaning the specific gift fails because it is no longer part of the estate at the testator's death.

Question 18

A will may only be revoked by operation of law; it may not be revoked by act of the testator.

Accepted Answer

A will can be revoked by act of the testator, such as by executing a new will or a codicil, or by physically destroying the original will with the intent to revoke it. It can also be revoked by operation of law, such as if the testator gets married or has children after executing the will.

Question 19

If a trust is created to take effect within the lifetime of the settlor,it is a testamentary trust.

Accepted Answer

A testamentary trust is a trust that is created in a person's will and takes effect after their death. A trust that takes effect during the lifetime of the settlor is called a living trust.

Question 20

A beneficiary of personal property by will may be called a devisee.

Accepted Answer

A beneficiary of personal property by will is typically called a legatee, while a devisee is someone who inherits real property through a will.

Quiz 52: Decedents Estates and Trusts