Question 1

The estate remaining after all individual items have been given by the will is called the residuary ________.

Accepted Answer

The answer of The estate remaining after all individual items...

Question 2

What power is given to fiduciaries under the will?

Accepted Answer

A)  Conserve the property 
B)  Manage the property 
C)  All of the above 
D)  None of the above 
A)  Conserve the property 
B)  Manage the property 
C)  All of the above 
D)  None of the above

Question 3

A clause in a will containing an affidavit allowing the will to be accepted by the court as valid without the testimony of witnesses is called a(n) ________ affidavit.

Accepted Answer

The answer of A clause in a will containing an...

Question 4

Match the terms with their descriptions:
-No-contest 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

Match the terms with their descriptions:
-Surety

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 6

A guardian appointed by a court to protect a minor who brings a lawsuit is called a guardian ad ________.

Accepted Answer

The answer of A guardian appointed by a court to...

Question 7

What is included in the self-proving affidavit clause?

Accepted Answer

A)  Testimony of witnesses 
B)  Deposition of witnesses 
C)  Affidavit by witnesses 
D)  Verification by witnesses 
A)  Testimony of witnesses 
B)  Deposition of witnesses 
C)  Affidavit by witnesses 
D)  Verification by witnesses

Question 8

A clause in the will attempting to disinherit any beneficiary contesting the provisions of the will is called an in ________ clause.

Accepted Answer

The answer of A clause in the will attempting to...

Question 9

What may be a source for the payment of estate taxes?

Accepted Answer

A)  Residuary clause 
B)  Taxes may be apportioned to the beneficiaries 
C)  Executor or administrator personally pays estate taxes 
D)  Both A and B 
A)  Residuary clause 
B)  Taxes may be apportioned to the beneficiaries 
C)  Executor or administrator personally pays estate taxes 
D)  Both A and B

Question 10

Only estates sizable enough owe estate taxes.

Accepted Answer

A) True 
 B)False

Question 11

What term describes a person that agrees to pay the debts of another in the event of default?

Accepted Answer

A)  Surety 
B)  Mentor 
C)  Custodian 
D)  Curator 
A)  Surety 
B)  Mentor 
C)  Custodian 
D)  Curator

Question 12

Mildred and Richard think about making their will. They would like to appoint a person who will take care of their minor children in case Mildred and Richard would die while their children are still minors. Mildred's minor brother Noah is a party to a lawsuit, and he needs a person to represent him in court. Discuss what fiduciaries should be used in this scenario.

Accepted Answer

First, in their will, Mildred and Richar

Question 13

What term describes the signature clause?

Accepted Answer

A)  Testimonium clause 
B)  Definitive clause 
C)  Final clause 
D)  Ultimate clause 
A)  Testimonium clause 
B)  Definitive clause 
C)  Final clause 
D)  Ultimate clause

Question 14

Define a no-contest clause. Discuss its pros and cons.

Accepted Answer

Definition: A no-contest clause is a cla

Question 15

What words are usually used in the beginning of the clause immediately preceding the testator's signature?

Accepted Answer

A)  "THIS IS MY WILL" 
B)  "MY LAST WILL IS ANNOUNCED" 
C)  "IN WITNESS WHEREOF" 
D)  All of the above 
A)  "THIS IS MY WILL" 
B)  "MY LAST WILL IS ANNOUNCED" 
C)  "IN WITNESS WHEREOF" 
D)  All of the above

Question 16

A will commonly contains a clause stating that the debts will be paid out of the beneficiaries' shares.

Accepted Answer

A) True 
 B)False

Question 17

Match the terms with their descriptions:
-Publication 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 18

The Uniform Probate Code acknowledges ________ by reference.

Accepted Answer

The answer of The Uniform Probate Code acknowledges ________ by...

Question 19

The clause preceding the witnesses' signatures is called the ________ clause.

Accepted Answer

The answer of The clause preceding the witnesses' signatures is...

Question 20

What Latin term means "in warning"?

Accepted Answer

A)  Corpus delicti 
B)  In terrorem 
C)  Mala prohibita 
D)  Ad damnum 
A)  Corpus delicti 
B)  In terrorem 
C)  Mala prohibita 
D)  Ad damnum

Exam 27: Principal Clauses in a Will

The estate remaining after all individual items have been given by the will is called the residuary ________.

What power is given to fiduciaries under the will?

A clause in a will containing an affidavit allowing the will to be accepted by the court as valid without the testimony of witnesses is called a(n) ________ affidavit.

Match the terms with their descriptions: -No-contest clause

Match the terms with their descriptions: -Surety

A guardian appointed by a court to protect a minor who brings a lawsuit is called a guardian ad ________.

What is included in the self-proving affidavit clause?

A clause in the will attempting to disinherit any beneficiary contesting the provisions of the will is called an in ________ clause.

What may be a source for the payment of estate taxes?

Only estates sizable enough owe estate taxes.

What term describes a person that agrees to pay the debts of another in the event of default?

What term describes the signature clause?

Define a no-contest clause. Discuss its pros and cons.

What words are usually used in the beginning of the clause immediately preceding the testator's signature?

A will commonly contains a clause stating that the debts will be paid out of the beneficiaries' shares.

Match the terms with their descriptions: -Publication clause

The Uniform Probate Code acknowledges ________ by reference.

The clause preceding the witnesses' signatures is called the ________ clause.

What Latin term means "in warning"?

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