Deck 5: The Last Will and Testament

Question 1

Under the law of most states, the act of witnessing a will consists of

A) attesting only.
B) subscribing only.
C) attesting and subscribing.
D) None of the answers is correct.

Answer 1

C

Question 2

Technically, the term will refers to an instrument that disposes of real property, and the term testament refers to an instrument that disposes of personal property.

Answer 2

True

Question 3

A holographic will is an oral will.

Answer 3

False

Question 4

A gift of real property in a will is called a

A) bequest.
B) legacy.
C) codicil.
D) devise.

Question 5

For a will to be valid, the person making the will must have testamentary capacity.

Question 6

An oral contract to provide for another by will is unenforceable in most states.

Question 7

Most states require that witnesses to a will be at least eighteen years old.

Question 8

Altering the terms of a will is done most effectively by clearly crossing out the old terms and writing in the new ones.

Question 9

To be of sound mind to make a will, testators must know

A) in a general way, the nature and extent of their bounty.
B) in a general way, who would be the natural objects of their bounty.
C) that they are making a will.
D) All of the answers are correct.

Question 10

With the exception of certain holographic wills allowed by many states, wills must be in writing.

Question 11

A devisee is a person who makes a gift of land in a will.

Question 12

A signature to a will may be any mark that the testator intends to be a signature.

Question 13

Under the laws of most states, the age requirement for executing a will is

A) 14.
B) 16.
C) 18.
D) 21.

Question 14

Under the laws of many states, a divorce or dissolution of marriage revokes an entire will.

Question 15

A person making a will must be of sound mind prior to the execution of the will.

Question 16

The burden of proving the soundness of mind of a testator falls on the proponent of the will.

Question 17

A will that is entirely in the handwriting of the testator is called a

A) nuncupative will.
B) holographic will.
C) reciprocal will.
D) mutual will.

Question 18

People reach a particular age on the day before that birthday.

Question 19

In a will contest, the burden of proving that there was no fraud or undue influence is on the person of standing, who has some beneficial interest that will be lost if the will is allowed.

Question 20

To subscribe means to sign a document (as the person who wrote it, as a witness).

Question 21

A person who makes a gift of personal property in a will is a

A) devisor.
B) devisee.
C) legator.
D) legatee.

Question 22

A properly executed codicil has

A) the effect of reestablishing an improperly executed will.
B) no effect on an improperly executed will.
C) no effect on a properly executed will.
D) none of the above.

Question 23

Wills may be contested on the grounds of

A) improper execution.
B) unsound mind.
C) undue influence.
D) All of the answers are correct.

Question 24

A codicil has the effect of

A) revoking the will.
B) republishing the will.
C) executing a new will.
D) None of the answers is correct.

Question 25

The number of witnesses required in most states for nonholographic wills is

A) zero.
B) one.
C) two.
D) three.

Question 26

Wills that are separate, identical wills for each testator containing reciprocal provisions are called

A) mutual wills.
B) joint wills.
C) holographic wills.
D) nuncupative wills.

Question 27

One instrument that serves as the will of two or more people is called a

A) reciprocal will.
B) joint will.
C) double will.
D) mutual will.

Question 28

Reestablishing the validity of a will that has been revoked is known as

A) attesting.
B) republishing.
C) probating.
D) executing.

Question 29

A will may be revoked by

A) burning.
B) canceling.
C) tearing.
D) All of the answers are correct.

Question 30

A legacy is

A) a gift of money by will.
B) a gift of personal property.
C) a gift of anything by will.
D) All of the answers are correct.