Deck 5: Wills Validity Requirements, modification, revocation, and Contests

Question 1

MATCHING

For a will to be declared a legal document that can transfer a decedent's estate after death,the maker must have testamentary intent.

Answer 1

True

Question 2

In states that allow nuncupative wills,the testator does not have to be legally capable of making a written will.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Every page of a will should be numbered.

Question 5

MATCHING

The automatic revocation or amendment of a will by state statute without the testator's knowledge of or agreement to the revocation

Question 6

MATCHING

The sound mind requirement for a person to make a valid will

Question 7

MATCHING

A statement in a will that if a beneficiary of the will objects to probate or challenges the will's distributions,that contestant forfeits all benefits of the will

Question 8

If a will is lost,it is automatically revoked.

Question 9

Today,codicils are almost obsolete.

Question 10

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

Question 11

MATCHING

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

Question 12

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

Question 13

MATCHING

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

Question 14

MATCHING

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

Question 15

MATCHING

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

Question 16

MATCHING

The formal declaration of a testator at the time of signing a will that it is his or her last will and testament

Question 17

MATCHING

Revocable and subject to change

Question 18

Creditors can generally contest a will.

Question 19

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

Question 20

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

Question 21

Which is NOT a way to accomplish revocation?

A)By intent
B)By physical act
C)By operation of law
D)By subsequent writing

Question 22

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

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

Question 23

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

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.

Question 24

Which of the following indicates that a testator lacks mental capacity?

A)The testator does not remember the persons who are the "natural objects of his or her bounty."
B)The testator has a low level of intelligence or suffers from a mental illness or senility.
C)The testator suffers from insane delusions.
D)The testator is neglectful of his or her person and makes a will containing eccentricities.

Question 25

Which constitutes grounds for contesting a will?

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

Question 26

Which is NOT an example of revocation by subsequent writing?

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

Question 27

Which is NOT a requirement for the creation of a valid will?

A)The beneficiary must be legally and mentally capable.
B)The testator must intend that a document be his or her last will.
C)The will must be signed by witnesses.
D)The testator or a person other than the testator must sign the will or make some other written mark.

Question 28

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

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

Question 29

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

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