CAS Bar Wills Trusts and Estates 2

Question 1

Under California intestate succession, if a decedent dies leaving a surviving spouse and two children from a prior marriage, what share of the decedent's separate property does the surviving spouse receive?

Accepted Answer

One-third

Answer

Under California Probate Code §6401, when a decedent leaves a spouse and two or more children, the surviving spouse takes one-third of the decedent's separate property.

Question 2

California's anti-lapse statute (Probate Code §21110) substitutes the descendants of a predeceased beneficiary. To which predeceased beneficiary would this statute apply?

Accepted Answer

The testator's sibling named as a beneficiary

Answer

California's anti-lapse statute applies only to transferees who are relatives of the transferor, so the testator's sibling qualifies but friends, neighbors, and business partners do not.

Question 3

A testator executes a valid will in 2020 while single. She marries for the first time in 2023 and dies in 2025 without amending her will. What is the surviving spouse's right under California law?

Accepted Answer

The spouse receives an intestate share as a pretermitted spouse unless the will shows intent to omit

Answer

Under California Probate Code §21610, a spouse who is not mentioned in a will executed before the marriage is entitled to an intestate share as a pretermitted spouse, unless the omission was intentional.

Question 4

Which of the following satisfies the requirements for a valid California holographic will?

Accepted Answer

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

Answer

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

Question 5

To establish lack of testamentary capacity, a will contestant must prove the testator did not understand which of the following at the time of execution?

Accepted Answer

The nature of the testamentary act, the extent of the property, the natural objects of bounty, and the nature of the testamentary plan

Answer

Testamentary capacity requires that the testator understand the nature of the act, the extent of their property, who the natural objects of their bounty are, and the nature of the testamentary plan being made.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Wills Trusts and Estates 2