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

California Probate Code §6111 provides that a holographic will is valid if the testator's signature and material provisions are entirely in the testator's own handwriting; witnesses are not required.

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

California Probate Code §15300 gives effect to spendthrift clauses that restrain both voluntary assignments by the beneficiary and involuntary seizure by creditors.

Question 3

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

Accepted Answer

5 years

Answer

California CCP §322 sets a 5-year period for adverse possession, and California uniquely requires the claimant to have paid all property taxes on the disputed parcel during that period.

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

California Civil Code §1113 implies two covenants in a grant deed: that the grantor has not previously conveyed the same estate and that the estate is free of encumbrances made by the grantor.

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

Under California Probate Code §§100-101 and 6401-6402, the surviving spouse takes all community property and one-half of the decedent's separate property when two or more children survive.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS California-specific Essays 4