Question 1

The most common method of creating a will today is by videotape.

Accepted Answer

A) True 
 B)False  False

Question 2

A presumption of undue influence may be raised if a contestant shows that:

Accepted Answer

A) The alleged influencer actively participated in preparing the will. 
B) A confidential relationship did not allow the alleged influencer an opportunity to control the testamentary act. 
C) The alleged influencer will not unduly profit as a beneficiary. 
D) The testator was not in a sickened or weakened condition when the will was executed. 
A) The alleged influencer actively participated in preparing the will. 
B) A confidential relationship did not allow the alleged influencer an opportunity to control the testamentary act. 
C) The alleged influencer will not unduly profit as a beneficiary. 
D) The testator was not in a sickened or weakened condition when the will was executed. A

Question 3

If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice, the attorney should:

Accepted Answer

A) Ensure that the gift is the major asset of the estate 
B) Draft the will as requested 
C) Fully disclose the code of conduct to the client 
D) Direct another attorney in the firm to draft the will 
A) Ensure that the gift is the major asset of the estate 
B) Draft the will as requested 
C) Fully disclose the code of conduct to the client 
D) Direct another attorney in the firm to draft the will C

Question 4

A testator may stipulate in his/her will that if a certain person contests the will, then he/she forfeits all benefits of the will.

Accepted Answer

A) True 
 B)False

Question 5

Any will is open to a will contest, even if the maker of the will fulfills all requirements for a valid will.

Accepted Answer

A) True 
 B)False

Question 6

MATCHING:
-The requirement for a valid will that the testator must intend the instrument to operate as his or her last will

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 7

MATCHING:
-A person who is a beneficiary and a witness of the same will

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 8

Which is NOT an example of revocation by a physical act?

Accepted Answer

A) A person uses a pen to cross out all clauses of a will, despite the testator's objections. 
B) The testator burns the will. 
C) A person shreds a will upon the testator's instructions in the presence of witnesses. 
D) The testator tears the will in half. 
A) A person uses a pen to cross out all clauses of a will, despite the testator's objections. 
B) The testator burns the will. 
C) A person shreds a will upon the testator's instructions in the presence of witnesses. 
D) The testator tears the will in half.

Question 9

MATCHING:
-The cancellation of a will by the writing of a new will or the adding of a codicil to the will

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 10

Once executed, a will can be revoked only by changing it or writing an entirely new will.

Accepted Answer

A) True 
 B)False

Question 11

Which is NOT an example of revocation by subsequent writing?

Accepted Answer

A) A single testator writes a new will. 
B) The testator crosses out all clauses of the will with a pen. 
C) The testator adds a codicil to the will. 
D) An engaged testator writes a new will prior to marriage. 
A) A single testator writes a new will. 
B) The testator crosses out all clauses of the will with a pen. 
C) The testator adds a codicil to the will. 
D) An engaged testator writes a new will prior to marriage.

Question 12

Witnesses to the execution of a will must do all of the following EXCEPT:

Accepted Answer

A) Sign in the presence of one another 
B) Sign at the bottom of the will 
C) Sign in the presence of the testator 
D) Witness the testator's signature or witness the acknowledgment of the signature 
A) Sign in the presence of one another 
B) Sign at the bottom of the will 
C) Sign in the presence of the testator 
D) Witness the testator's signature or witness the acknowledgment of the signature

Question 13

MATCHING:
-To bear witness and to affirm or verify a will as genuine

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 14

MATCHING:
-The requirement that only a person who stands to lose a pecuniary interest in a decedent's estate if a will is allowed may contest the will

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 15

Which constitutes grounds for contesting a will?

Accepted Answer

A) The testator was uninfluenced by fraud to write or change the will. 
B) The will has been revoked. 
C) The will has been properly executed. 
D) The will is free of contradictions. 
A) The testator was uninfluenced by fraud to write or change the will. 
B) The will has been revoked. 
C) The will has been properly executed. 
D) The will is free of contradictions.

Question 16

Which witness to the execution of a will is LEAST likely to have a conflict of interest?

Accepted Answer

A) Paralegal working with the attorney who drafts the will 
B) Beneficiary of the will 
C) Attorney who drafts the will 
D) Nonbeneficiary associate of the testator 
A) Paralegal working with the attorney who drafts the will 
B) Beneficiary of the will 
C) Attorney who drafts the will 
D) Nonbeneficiary associate of the testator

Question 17

MATCHING:
-Revocable and subject to change

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 18

Creditors can generally contest a will.

Accepted Answer

A) True 
 B)False

Question 19

MATCHING:
-The formal declaration of a testator at the time of signing a will that it is his/her last will and testament

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

Question 20

MATCHING:
-The sound mind requirement for a person to make a valid will

Accepted Answer

A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing 
A) testamentary capacity 
B) testamentary intent 
C) publication 
D) interested witness 
E) operation of law
F)standing
G)in terrorem clause
H)ambulatory
I)attest a will
J)revocation by subsequent writing

The most common method of creating a will today is by videotape.

A presumption of undue influence may be raised if a contestant shows that:

If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice, the attorney should:

A testator may stipulate in his/her will that if a certain person contests the will, then he/she forfeits all benefits of the will.

Any will is open to a will contest, even if the maker of the will fulfills all requirements for a valid will.

MATCHING: -The requirement for a valid will that the testator must intend the instrument to operate as his or her last will

MATCHING: -A person who is a beneficiary and a witness of the same will

Which is NOT an example of revocation by a physical act?

MATCHING: -The cancellation of a will by the writing of a new will or the adding of a codicil to the will

Once executed, a will can be revoked only by changing it or writing an entirely new will.

Which is NOT an example of revocation by subsequent writing?

Witnesses to the execution of a will must do all of the following EXCEPT:

MATCHING: -To bear witness and to affirm or verify a will as genuine

MATCHING: -The requirement that only a person who stands to lose a pecuniary interest in a decedent's estate if a will is allowed may contest the will

Which constitutes grounds for contesting a will?

Which witness to the execution of a will is LEAST likely to have a conflict of interest?

MATCHING: -Revocable and subject to change

Creditors can generally contest a will.

MATCHING: -The formal declaration of a testator at the time of signing a will that it is his/her last will and testament

MATCHING: -The sound mind requirement for a person to make a valid will

The Concept of Property Related to Wills, Trusts, and Estate Administration

The Estate Plan and the Purpose and Need for a Will

The Law of Succession: Death Testate or Intestate

Preparation to Draft a Will: Checklists and the Conference With the Client

Final Draft and Execution of a Valid Will

The Participants and the Proper Court

Personal Representatives: Types, Pre-Probate Duties, and Appointment

Probate and Estate Administration

Informal Probate Administration

Tax Considerations in the Administration of Estates

Introduction to Trusts

Classification of Trusts, the Living Trust, and Other Special Trusts

Estate Planning

Long-Term Care

Filters

Exam 4: Wills: Validity Requirements, Modification, Revocation, and Contests

The most common method of creating a will today is by videotape.

A presumption of undue influence may be raised if a contestant shows that:

If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice, the attorney should:

A testator may stipulate in his/her will that if a certain person contests the will, then he/she forfeits all benefits of the will.

Any will is open to a will contest, even if the maker of the will fulfills all requirements for a valid will.

MATCHING: -The requirement for a valid will that the testator must intend the instrument to operate as his or her last will

MATCHING: -A person who is a beneficiary and a witness of the same will

Which is NOT an example of revocation by a physical act?

MATCHING: -The cancellation of a will by the writing of a new will or the adding of a codicil to the will

Once executed, a will can be revoked only by changing it or writing an entirely new will.

Which is NOT an example of revocation by subsequent writing?

Witnesses to the execution of a will must do all of the following EXCEPT:

MATCHING: -To bear witness and to affirm or verify a will as genuine

MATCHING: -The requirement that only a person who stands to lose a pecuniary interest in a decedent's estate if a will is allowed may contest the will

Which constitutes grounds for contesting a will?

Which witness to the execution of a will is LEAST likely to have a conflict of interest?

MATCHING: -Revocable and subject to change

Creditors can generally contest a will.

MATCHING: -The formal declaration of a testator at the time of signing a will that it is his/her last will and testament

MATCHING: -The sound mind requirement for a person to make a valid will

The Concept of Property Related to Wills, Trusts, and Estate Administration

The Estate Plan and the Purpose and Need for a Will

The Law of Succession: Death Testate or Intestate

Preparation to Draft a Will: Checklists and the Conference With the Client

Final Draft and Execution of a Valid Will

The Participants and the Proper Court

Personal Representatives: Types, Pre-Probate Duties, and Appointment

Probate and Estate Administration

Informal Probate Administration

Tax Considerations in the Administration of Estates

Introduction to Trusts

Classification of Trusts, the Living Trust, and Other Special Trusts

Estate Planning

Long-Term Care

Filters