Wills and Intestacy: A Comprehensive Guide for Law Students

Question 1

Under the laws of intestacy in most jurisdictions, which of the following individuals typically has the highest priority to inherit?

Accepted Answer

Children

Answer

Parents

Answer

Spouse

Answer

Siblings

Question 2

Which of the following is NOT a requirement for a valid will in most jurisdictions?

Accepted Answer

Notarization

Answer

Signature of the testator

Answer

Witnesses

Answer

Attestation clause

Question 3

The term "residuary clause" in a will specifically refers to:

Accepted Answer

The portion of the estate that is not specifically distributed to named beneficiaries

Answer

The specific items of property that are left to particular individuals

Answer

The instructions for dividing the estate among multiple heirs

Answer

The appointment of the executor or personal representative

Question 4

The concept of "pretermitted heir" in estate law primarily refers to:

Accepted Answer

An heir who is accidentally omitted from a will due to oversight or mistake

Answer

An heir who is purposely excluded from a will

Answer

An heir who inherits only if the will is declared invalid

Answer

An heir who is adopted after the execution of the will

Question 5

In a joint tenancy, the right of survivorship means that:

Accepted Answer

Upon the death of one joint tenant, the remaining joint tenant(s) automatically inherit the deceased tenant's share of the property

Answer

The surviving joint tenant(s) must go through probate to inherit the deceased tenant's share of the property

Answer

The deceased tenant's share of the property passes to their heirs under the laws of intestacy

Answer

The deceased tenant's share of the property becomes part of their probate estate

Question 6

The Uniform Probate Code (UPC) is best described as:

Accepted Answer

A model law that many states have adopted to modernize and simplify probate procedures

Answer

A federal law that governs all probate matters in the United States

Answer

A set of guidelines for drafting wills and trusts

Answer

A court decision that established the fundamental principles of probate law

Question 7

Which of the following is NOT a fiduciary duty of an executor or administrator of an estate?

Accepted Answer

Duty to maximize profits

Answer

Duty of care

Answer

Duty of loyalty

Answer

Duty to account

Question 8

Under the rules of intestacy in the United States, who would inherit the estate of someone who died without a valid will?

Accepted Answer

The deceased person's spouse and children

Answer

The deceased person's parents and siblings

Answer

The deceased person's grandparents and cousins

Answer

The state

Question 9

Which of the following is NOT a type of will recognized in the United States?

Accepted Answer

Statutory will

Answer

Holographic will

Answer

Testamentary will

Answer

Nuncupative will

Question 10

What is NOT a benefit of using a will?

Accepted Answer

Guaranteed inheritance for all beneficiaries

Answer

Control over the distribution of property

Answer

Reduced probate costs

Answer

Avoiding unnecessary disputes

Question 11

Under the intestacy laws of most states, who has the highest priority to inherit when an individual dies without a valid will?

Accepted Answer

Spouse

Answer

Children

Answer

Parents

Answer

Siblings

Question 12

How does a codicil differ from an amendment to a will?

Accepted Answer

A codicil is a minor change or addition to an existing will, while an amendment involves more substantial modifications.

Answer

A codicil requires the same formalities as a will, while an amendment does not.

Answer

A codicil can only be used to add new provisions, while an amendment can also be used to delete or modify existing ones.

Answer

There is no distinction between a codicil and an amendment to a will.

Question 13

Under the Uniform Probate Code, which of the following is NOT a requirement for a valid will?

Accepted Answer

The will must include a residuary clause.

Answer

The testator must be of sound mind.

Answer

The will must be in writing and signed by the testator.

Answer

The will must be witnessed by two disinterested witnesses.

Question 14

Which of the following is NOT a type of testamentary trust?

Accepted Answer

Intervivos trust

Answer

Specific trust

Answer

General trust

Answer

Charitable trust

Question 15

What is the purpose of a codicil?

Accepted Answer

To amend or revoke a will

Answer

To create a new will

Answer

To appoint an executor

Answer

To distribute property

Question 16

Which of the following is NOT a duty of a trustee?

Accepted Answer

To maximize the profits of the trust

Answer

To act in the best interests of the beneficiaries

Answer

To invest the trust assets prudently

Answer

To keep the beneficiaries informed

Question 17

What is the key distinction between a pre-mortem probate and a post-mortem probate?

Accepted Answer

A pre-mortem probate is conducted before the testator's death, while a post-mortem probate is conducted after the testator's death.

Answer

A post-mortem probate is conducted before the testator's death, while a pre-mortem probate is conducted after the testator's death.

Answer

A pre-mortem probate is binding on all parties, while a post-mortem probate is not.

Answer

A post-mortem probate is binding on all parties, while a pre-mortem probate is not.

Question 18

Which of the following is NOT an essential requirement for a valid will under the laws of most US states?

Accepted Answer

The will must be notarized.

Answer

The will must be in writing.

Answer

The will must be signed by the testator.

Answer

The will must be witnessed by two disinterested parties.

Question 19

What is the person who creates a will called?

Accepted Answer

Testator

Answer

Executor

Answer

Beneficiary

Answer

Guardian

Question 20

Which of the following is NOT a common ground for contesting a will?

Accepted Answer

Technical errors in drafting

Answer

Lack of mental capacity

Answer

Undue influence

Answer

Forgery

Question 21

What is the key difference between a holographic will and a witnessed will?

Accepted Answer

A witnessed will requires the signatures of two witnesses, while a holographic will does not.

Answer

A holographic will is handwritten by the testator, while a witnessed will is typed.

Answer

A holographic will is only valid in certain states, while a witnessed will is valid in all states.

Answer

There is no difference between a holographic will and a witnessed will.

Question 22

What is the primary role of an executor in the administration of an estate?

Accepted Answer

To carry out the terms of the will

Answer

To distribute the estate's assets to the beneficiaries

Answer

To file the decedent's final tax return

Answer

To manage the estate's investments

Question 23

Which of the following is NOT a form of joint ownership that can be used to avoid probate?

Accepted Answer

Partnership

Answer

Joint tenancy

Answer

Tenancy in common

Answer

Community property

Question 24

What is the fundamental difference between an intestate estate and a testate estate?

Accepted Answer

An intestate estate is distributed according to the laws of intestacy, while a testate estate is distributed according to the terms of a will.

Answer

A testate estate is always larger than an intestate estate.

Answer

An intestate estate is always more complex to administer than a testate estate.

Answer

There is no difference between an intestate estate and a testate estate.

Question 25

Under intestacy laws, who has the highest priority to inherit property?

Accepted Answer

Spouse

Answer

Children

Answer

Parents

Answer

Siblings

Question 26

Which of the following is not an essential requirement for a valid will?

Accepted Answer

Notarization

Answer

Written form

Answer

Signature of the testator

Answer

Witnessing by two disinterested parties

Question 27

What is the legal term for an individual who passes away without a valid will?

Accepted Answer

Intestate

Answer

Decedent

Answer

Testator

Answer

Executor

Question 28

What is the primary responsibility of the executor in the administration of an estate?

Accepted Answer

Managing and distributing the estate's assets

Answer

Representing the deceased in legal matters

Answer

Preparing and filing the deceased's tax returns

Answer

Determining the validity of the will

Question 29

In intestacy cases, which equitable principle gives the surviving spouse the right to a specific portion of the estate?

Accepted Answer

Elective share

Answer

Hotchpotting

Answer

Presumption of advancement

Answer

Rule against perpetuities

Question 30

Which of the following best describes intestacy?

Accepted Answer

The distribution of property when someone dies without a will.

Answer

The distribution of property when someone dies with a will.

Answer

The process of creating and executing a will.

Answer

The legal requirements for a valid will.

Question 31

According to the Uniform Probate Code, the priority of distribution is first given to the:

Accepted Answer

Surviving spouse.

Answer

Descendants.

Answer

Parents.

Answer

Siblings.

Question 32

Which of the following is NOT a requirement for a valid holographic will?

Accepted Answer

It must be notarized by a witness.

Answer

It must be entirely handwritten.

Answer

It must be signed by the testator.

Answer

It must be dated.

Question 33

Which concept empowers individuals to control the distribution of their property after death?

Accepted Answer

Estate planning.

Answer

Probate.

Answer

Intestacy.

Answer

Testamentary intent.

Question 34

What is the legal doctrine known as ademption?

Accepted Answer

The satisfaction of a specific bequest by the testator prior to their death.

Answer

The revocation of a will due to the testator's marriage.

Answer

The lapse of a bequest due to the death of the beneficiary.

Answer

The acceleration of a bequest due to the death of a prior beneficiary.

Question 35

Which of the following is NOT a legally recognized basis for contesting the validity of a will?

Accepted Answer

The testator's dislike of the beneficiaries

Answer

Lack of testamentary capacity

Answer

Undue influence

Answer

Improper execution

Question 36

Which of the following is NOT a type of trust that can be established through a will?

Accepted Answer

Life insurance trust

Answer

Testamentary trust

Answer

Charitable trust

Answer

Spendthrift trust

Question 37

What is the term used to describe a provision in a will that intentionally excludes a potential heir from inheriting?

Accepted Answer

Exheredation clause

Answer

Abatement clause

Answer

Ademption clause

Question 38

Which of the following is a primary advantage of having a will?

Accepted Answer

Allows the testator to determine how their property will be distributed after their death

Answer

Protects against claims by creditors

Answer

Avoids probate

Question 39

What is the main purpose of a codicil?

Accepted Answer

To modify an existing will

Answer

To create a new will

Answer

To revoke an existing will

Answer

To appoint an executor

Question 40

What is the primary responsibility of an executor of a will?

Accepted Answer

To administer the deceased person's estate and distribute assets according to the will's instructions

Answer

To represent the beneficiaries in court

Answer

To contest the validity of the will

Question 41

What is the fundamental distinction between an intestate estate and a testate estate?

Accepted Answer

An intestate estate is distributed according to the laws of intestacy, while a testate estate is distributed according to the deceased person's will

Answer

An intestate estate is larger than a testate estate

Question 42

What is the primary purpose of a no-contest clause in a will?

Accepted Answer

To deter beneficiaries from challenging the will's validity in court.

Answer

To disinherit any beneficiary who contests the will.

Answer

To appoint an executor to administer the estate.

Question 43

What is the primary legal effect of a codicil?

Accepted Answer

It modifies an existing will.

Answer

It appoints a new executor for the estate.

Answer

It creates a new will.

Answer

It revokes an existing will.

Question 44

Which of the following is NOT a potential ground for contesting the validity of a will?

Accepted Answer

Disagreement with the distribution of assets.

Answer

Fraud or forgery.

Answer

Undue influence.

Answer

Lack of testamentary capacity.

Question 45

What is the central purpose of the Uniform Probate Code?

Accepted Answer

To promote uniformity and consistency in probate laws across different jurisdictions.

Answer

To establish a new federal probate system.

Answer

To abolish the need for probate courts.

Question 46

Which of the following is NOT a potential benefit of using a trust to distribute property?

Accepted Answer

It guarantees probate avoidance.

Answer

It allows the grantor to retain some control over the distribution of their assets.

Answer

It can provide tax savings.

Answer

It ensures privacy.

Question 47

What is the primary distinction between a testamentary trust and an inter vivos trust?

Accepted Answer

A testamentary trust is established through a will, while an inter vivos trust is created during the grantor's lifetime.

Answer

A testamentary trust is irrevocable, while an inter vivos trust is revocable.

Question 48

Which of the following is NOT a legal duty of a trustee?

Accepted Answer

To prioritize maximizing the return on trust assets.

Answer

To act in the best interests of the beneficiaries.

Answer

To provide regular accountings to the beneficiaries.

Answer

To preserve the trust assets.

Question 49

Under the rules of intestacy in the United States, who is typically entitled to inherit a deceased person's property when they die without a will?

Accepted Answer

The deceased's spouse and descendants (children, grandchildren, etc.)

Answer

The deceased's parents and siblings

Answer

The deceased's creditors

Answer

The deceased's closest living blood relatives

Question 50

What is the purpose of a testator's intent?

Accepted Answer

To guide the distribution of the testator's property

Answer

To prevent disputes among beneficiaries

Answer

To minimize estate taxes

Question 51

Which type of will is created orally and typically witnessed by others?

Accepted Answer

Nuncupative will

Answer

Holographic will

Answer

Living will

Answer

Attested will

Question 52

What is the legal effect of a codicil in relation to a will?

Accepted Answer

It modifies or adds to the provisions of an existing will

Answer

It specifically distributes property to beneficiaries

Answer

It creates a completely new will, replacing the original

Answer

It revokes the original will entirely

Question 53

Which of the following is a common legal ground for challenging the validity of a will?

Accepted Answer

Lack of testamentary capacity (the testator was not of sound mind when making the will)

Answer

Breach of contract by the testator

Answer

Disagreement among beneficiaries about the will's provisions

Answer

Mistake of law by the testator

Question 54

What is the key difference between a specific bequest and a general bequest in a will?

Accepted Answer

A specific bequest identifies a particular item of property, while a general bequest gives a sum of money or a type of property without specifying a specific item

Answer

A specific bequest is always more valuable than a general bequest

Answer

A specific bequest is typically for personal property, while a general bequest is for real estate

Question 55

What is the primary function of a trust?

Accepted Answer

To hold and manage property for the benefit of designated beneficiaries, as directed by the creator of the trust

Answer

To ensure that a specific person inherits a particular piece of property

Answer

To create a charitable organization

Answer

To avoid estate taxes

Question 56

What is the main difference between an executor and an administrator in estate matters?

Accepted Answer

An executor is named in the deceased person's will to oversee the estate, while an administrator is appointed by the court when there is no valid will

Answer

An administrator is always a lawyer, while an executor can be anyone

Answer

An executor has more powers than an administrator