CAS Bar CAS California-specific Essays 4

Question 1

Under California Probate Code §6111, a holographic will is valid if:

Accepted Answer

The signature and the material provisions are in the testator's handwriting

Answer

It is witnessed by two disinterested witnesses and dated

Answer

It is notarized and signed by the testator

Answer

It is signed by the testator and one witness

Question 2

Under California Probate Code §15300, a spendthrift provision in a trust:

Accepted Answer

Restrains voluntary and involuntary transfers of the beneficiary's interest, shielding it from most creditors

Answer

Prevents the trustee from making speculative investments

Answer

Requires the trustee to spend only on the beneficiary's basic necessities

Answer

Is void as an unlawful restraint on alienation

Question 3

Under California Code of Civil Procedure §322, the statutory period for adverse possession is:

Accepted Answer

5 years

Answer

7 years

Answer

10 years

Answer

20 years

Question 4

Under California Civil Code §1113, a grant deed contains which implied covenants?

Accepted Answer

The grantor has not previously conveyed the property and the property is free from encumbrances made by the grantor

Answer

The grantor will defend title against all claims of any person

Answer

The property is free of all defects and is fit for habitation

Answer

The grantor holds fee simple absolute title free of all liens

Question 5

Under California intestate succession law, if a decedent dies leaving a surviving spouse and two children, the surviving spouse receives:

Accepted Answer

All community property and one-half of separate property

Answer

All community property and one-third of separate property

Answer

One-half of all property regardless of character

Answer

All community property and all separate property

Question 6

California's recording statute (Civil Code §1214) is best characterized as:

Accepted Answer

A race-notice statute — a subsequent purchaser must lack notice and record first

Answer

A race statute — first to record wins regardless of notice

Answer

A notice statute — a subsequent BFP prevails without recording

Answer

A pure notice statute with a 60-day grace period for recording

Question 7

Under California Probate Code §21610, an omitted spouse (one married after the will was executed) is entitled to:

Accepted Answer

An intestate share of the decedent's separate property and all community property

Answer

Nothing — the will controls

Answer

One-third of the estate regardless of other beneficiaries

Answer

A forced elective share equal to one-half the estate