Question 1

Define dispositive clauses. Identify and discuss a monetary gift that is per stirpes and a monetary gift that is per capita.

Accepted Answer

Definition: Dispositive clauses are clauses in a will that state exactly what each beneficiary is to receive.
 A gift made in a will to one's issue then living per stirpes (by right of representation) means that the children of any deceased heirs inherit their deceased parent's share.
 A gift made to one's issue then living per capita (per head) means that heads are counted and all living issue share the amount of the gift equally.

Question 2

Match the terms with their descriptions:
-Dispositive clauses

Accepted Answer

A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out 
A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out D

Question 3

What term describes an individual who legally has the responsibility over the care of the person?

Accepted Answer

A)  Guardian ad litem 
B)  Guardian 
C)  Conservator 
D)  Administrator 
A)  Guardian ad litem 
B)  Guardian 
C)  Conservator 
D)  Administrator B

Question 4

Match the terms with their descriptions:
-Signature clause

Accepted Answer

A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out 
A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 5

The testator's principal residence is called ________.

Accepted Answer

The answer of The testator's principal residence is called ________....

Question 6

Match the terms with their descriptions:
-Residuary clause

Accepted Answer

A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out 
A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 7

Match the terms with their descriptions:
-Self-proving affidavit

Accepted Answer

A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out 
A)  Clause in the will attempting to disinherit beneficiaries contesting the will's provisions Estate taxes 
B)  Clause preceding the witnesses' signatures 
C)  Person that agrees to pay the debts of another in the event of default 
D)  Clauses making up the main part of the will 
E)  Clause immediately preceding the testator's signature
F) Clause in a will containing an affidavit that allows the will to be accepted by the court as valid without the testimony of witnesses
G) Estate remaining after all individual items have been given by the will
H) Person in a position of trust having a duty to act in the best interest of others
I) Woman appointed by the court to be the estate's personal representative
J) Introductory paragraph of the will
K) Clause that disposes of all of the testator's property not otherwise given out

Question 8

A will usually contains a clause stating that the executor can serve without giving surety on his or her bond.

Accepted Answer

A) True 
 B)False

Question 9

The attestation clause states that the will was witnessed at the request of the testator.

Accepted Answer

A) True 
 B)False

Question 10

The residuary clause is the main part of the will.

Accepted Answer

A) True 
 B)False

Question 11

What must be included in the introductory paragraph of the will?

Accepted Answer

A)  Testator's country of origin 
B)  Testator's level of education 
C)  Testator's occupation 
D)  Testator's full name 
A)  Testator's country of origin 
B)  Testator's level of education 
C)  Testator's occupation 
D)  Testator's full name

Question 12

In states adopted the Uniform Probate Code, under what circumstance a no-contest clause is unenforceable?

Accepted Answer

A)  There is probable cause to contest the will 
B)  Testator disinherited his or her children 
C)  Beneficiaries disagree with the will's provisions 
D)  Testator gave all his or her assets to charity 
A)  There is probable cause to contest the will 
B)  Testator disinherited his or her children 
C)  Beneficiaries disagree with the will's provisions 
D)  Testator gave all his or her assets to charity

Question 13

What term describes a written statement made under oath?

Accepted Answer

A)  Affidavit 
B)  Declaration 
C)  Authentication 
D)  Certification 
A)  Affidavit 
B)  Declaration 
C)  Authentication 
D)  Certification

Question 14

All states require that the document referenced in the will be in the testator's handwriting.

Accepted Answer

A) True 
 B)False

Question 15

A will does not need a tax clause to provide the executor with the authority to pay any owed taxes.

Accepted Answer

A) True 
 B)False

Question 16

What term describes the introductory paragraph of the will?

Accepted Answer

A)  Preliminary clause 
B)  Preface clause 
C)  Exordium clause 
D)  Preamble clause 
A)  Preliminary clause 
B)  Preface clause 
C)  Exordium clause 
D)  Preamble clause

Question 17

People often name someone in their will to serve as guardian of their minor children.

Accepted Answer

A) True 
 B)False

Question 18

A person in a position of trust who has a duty to act in the best interest of others is called a(n) ________.

Accepted Answer

The answer of A person in a position of trust...

Question 19

The clause immediately preceding the testator's ________ is called the signature clause.

Accepted Answer

The answer of The clause immediately preceding the testator's ________...

Question 20

The will's introductory paragraph never mentions the annulment of any previous wills.

Accepted Answer

A) True 
 B)False

Exam 27: Principal Clauses in a Will

Define dispositive clauses. Identify and discuss a monetary gift that is per stirpes and a monetary gift that is per capita.

Match the terms with their descriptions: -Dispositive clauses

What term describes an individual who legally has the responsibility over the care of the person?

Match the terms with their descriptions: -Signature clause

The testator's principal residence is called ________.

Match the terms with their descriptions: -Residuary clause

Match the terms with their descriptions: -Self-proving affidavit

A will usually contains a clause stating that the executor can serve without giving surety on his or her bond.

The attestation clause states that the will was witnessed at the request of the testator.

The residuary clause is the main part of the will.

What must be included in the introductory paragraph of the will?

In states adopted the Uniform Probate Code, under what circumstance a no-contest clause is unenforceable?

What term describes a written statement made under oath?

All states require that the document referenced in the will be in the testator's handwriting.

A will does not need a tax clause to provide the executor with the authority to pay any owed taxes.

What term describes the introductory paragraph of the will?

People often name someone in their will to serve as guardian of their minor children.

A person in a position of trust who has a duty to act in the best interest of others is called a(n) ________.

The clause immediately preceding the testator's ________ is called the signature clause.

The will's introductory paragraph never mentions the annulment of any previous wills.

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