Question 1

A will entirely in the handwriting of the testator is called what type of will?

Accepted Answer

A)  Nuncupative. 
B)  Holographic. 
C)  Conditional. 
D)  Codicil. 
A)  Nuncupative. 
B)  Holographic. 
C)  Conditional. 
D)  Codicil.

Question 2

For a memorandum to be incorporated into a will, which of the following conditions must be met? The memorandum must be:

Accepted Answer

A)  in writing. 
B)  in existence when the will is executed. 
C)  adequately described in the will. 
D)  All of these. 
A)  in writing. 
B)  in existence when the will is executed. 
C)  adequately described in the will. 
D)  All of these.

Question 3

Probate is the:

Accepted Answer

A)  reading of a will by a lawyer. 
B)  actual property given away in a will. 
C)  process of declaring a person dead. 
D)  process of managing the distribution of a deceased person's property. 
A)  reading of a will by a lawyer. 
B)  actual property given away in a will. 
C)  process of declaring a person dead. 
D)  process of managing the distribution of a deceased person's property.

Question 4

In 2004, Jack executed a valid will in which he left his entire estate to the Heart Fund. In 2012, Jack was declared incompetent and committed to an institution. At his death in 2018, his son, Brian, who was his sole survivor, contested the will claiming that Jack was obviously incompetent. Will Brian prevail with this argument? Explain.

Accepted Answer

No, Brian will not be likely to prevail

Question 5

Consideration is not necessary in order to enforce a trust.

Accepted Answer

A) True 
 B)False

Question 6

A statement signed by the required number of witnesses who observe the execution of a valid will is called a(n):

Accepted Answer

A)  validity clause. 
B)  ambulatory clause. 
C)  attestation clause. 
D)  fiduciary clause. 
A)  validity clause. 
B)  ambulatory clause. 
C)  attestation clause. 
D)  fiduciary clause.

Question 7

The courts may create implied trusts.

Accepted Answer

A) True 
 B)False

Question 8

A court will require witnesses' signatures to be proven before a formal decree will be issued allowing the will.

Accepted Answer

A) True 
 B)False

Question 9

A witness to a will who is "interested" will be disinherited or disqualified.

Accepted Answer

A) True 
 B)False

Question 10

Darrell executed a will fifteen years ago. Now he has changed his mind about how he wants his estate distributed and who he wants to appoint as executor. Discuss how Darrell may revoke his will.

Accepted Answer

A will is revocable by the testator, alt

Question 11

A minor's declaration of trust is voidable.

Accepted Answer

A) True 
 B)False

Question 12

Testamentary capacity refers to:

Accepted Answer

A)  the age of the testator. 
B)  the same capacity as required to contract. 
C)  the ability to understand the nature and extent of one's property, to appreciate the natural objects of one's bounty, and the ability to formulate an orderly plan of disposition. 
D)  the influence of others over the testator. 
A)  the age of the testator. 
B)  the same capacity as required to contract. 
C)  the ability to understand the nature and extent of one's property, to appreciate the natural objects of one's bounty, and the ability to formulate an orderly plan of disposition. 
D)  the influence of others over the testator.

Question 13

An amendment to a will is called a(n):

Accepted Answer

A)  stipulated addition. 
B)  statutory adjustment. 
C)  codicil. 
D)  attestation. 
A)  stipulated addition. 
B)  statutory adjustment. 
C)  codicil. 
D)  attestation.

Question 14

The death of the beneficiary will generally terminate the trust.

Accepted Answer

A) True 
 B)False

Question 15

A completely handwritten will is valid only if witnessed.

Accepted Answer

A) True 
 B)False

Question 16

A resulting trust depends on a contract or agreement as evidenced by the parties' acts.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is untrue regarding the revocation of a will?

Accepted Answer

A)  There can be a partial revocation. 
B)  An inadvertent destruction of a will acts as a revocation. 
C)  The execution of a second will does not of itself constitute a revocation of an earlier will. 
D)  Divorce does not ordinarily revoke a will. 
A)  There can be a partial revocation. 
B)  An inadvertent destruction of a will acts as a revocation. 
C)  The execution of a second will does not of itself constitute a revocation of an earlier will. 
D)  Divorce does not ordinarily revoke a will.

Question 18

Identify and describe the following types of wills. 
a. Holographic 
b. Nuncupative 
c. Soldiers' and sailors' will

Accepted Answer

a. A holographic will is a will entirely

Question 19

Which of the following is true about a constructive trust?

Accepted Answer

A)  It normally contains detailed instructions for the trustee to follow. 
B)  The court imposes it to redress an injustice. 
C)  It is revocable by the trustee. 
D)  It carries out the intentions of the trustee. 
A)  It normally contains detailed instructions for the trustee to follow. 
B)  The court imposes it to redress an injustice. 
C)  It is revocable by the trustee. 
D)  It carries out the intentions of the trustee.

Question 20

A trust is presumed to be irrevocable unless the grantor reserves the power of revocation.

Accepted Answer

A) True 
 B)False

Exam 50: Trusts and Wills

A will entirely in the handwriting of the testator is called what type of will?

For a memorandum to be incorporated into a will, which of the following conditions must be met? The memorandum must be:

Probate is the:

Consideration is not necessary in order to enforce a trust.

A statement signed by the required number of witnesses who observe the execution of a valid will is called a(n):

The courts may create implied trusts.

A court will require witnesses' signatures to be proven before a formal decree will be issued allowing the will.

A witness to a will who is "interested" will be disinherited or disqualified.

Darrell executed a will fifteen years ago. Now he has changed his mind about how he wants his estate distributed and who he wants to appoint as executor. Discuss how Darrell may revoke his will.

A minor's declaration of trust is voidable.

Testamentary capacity refers to:

An amendment to a will is called a(n):

The death of the beneficiary will generally terminate the trust.

A completely handwritten will is valid only if witnessed.

A resulting trust depends on a contract or agreement as evidenced by the parties' acts.

Which of the following is untrue regarding the revocation of a will?

Identify and describe the following types of wills. a. Holographic b. Nuncupative c. Soldiers' and sailors' will

Which of the following is true about a constructive trust?

A trust is presumed to be irrevocable unless the grantor reserves the power of revocation.

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