Bar Exam Bar Exam Wills, Trusts & Estates

Question 1

A testator executes a will with two witnesses, one of whom is also a named beneficiary. Under the majority purging statute rule in US states, what is the result?

Accepted Answer

The gift to the interested witness is void but the will remains valid

Answer

The will is entirely void

Answer

The will is valid and the gift to the witness stands in full

Answer

The witness must renounce the bequest before the will is admitted to probate

Question 2

A testator handwrites an entire will in his own hand, dates and signs it, but does not have any witnesses. He dies in a state that recognizes holographic wills. The will is:

Accepted Answer

Valid as a holographic will without witnesses

Answer

Invalid because it lacks two attesting witnesses

Answer

Valid only if it was subsequently notarized

Answer

Invalid unless the testator was a licensed attorney

Question 3

Which of the following is NOT a valid method of revoking a will under the majority rule?

Accepted Answer

Orally declaring the will revoked before two witnesses

Answer

Executing a subsequent will expressly revoking the prior will

Answer

Physically burning the will with intent to revoke

Answer

Executing a codicil with provisions inconsistent with prior bequests

Question 4

Under the doctrine of ademption by extinction, if a testator specifically bequeaths her car to her brother but sells the car before death, the brother:

Accepted Answer

Receives nothing because the specific bequest is adeemed

Answer

Receives the sale proceeds still traceable in the estate

Answer

Receives the residuary estate as a substitute

Answer

Receives a comparable car purchased from estate funds

Question 5

Under a typical anti-lapse statute, if a testator's will leaves property to a predeceased child, the gift typically:

Accepted Answer

Passes to the predeceased child's surviving descendants

Answer

Lapses and passes into the residuary estate

Answer

Passes equally to the testator's other surviving children

Answer

Is held in trust until the grandchildren reach majority

Question 6

A testator marries after executing a valid will that makes no mention of the new spouse. Under the UPC pretermitted spouse rule, the omitted spouse receives:

Accepted Answer

An intestate share unless the omission was intentional or the spouse was otherwise provided for

Answer

Nothing, because the prior will controls

Answer

A forced elective share equal to one-third of the estate

Answer

The entire estate because the marriage revokes the prior will