CO Bar Wills Trusts and Estates 2

Question 1

Under the Uniform Probate Code as adopted in Colorado, what is the minimum age required to execute a valid will?

Accepted Answer

18 years old

Answer

Colorado follows the UPC rule that a testator must be 18 or older and of sound mind to make a will.

Question 2

A testator's will is entirely in her own handwriting and signed by her, but there are no witnesses. Under Colorado law, the will is:

Accepted Answer

Valid as a holographic will if the material portions are in her handwriting

Answer

Colorado recognizes holographic wills where the signature and material portions are in the testator's handwriting, with no witnesses required.

Question 3

A will fails to meet formal execution requirements in Colorado. Under the harmless error doctrine, the will may still be probated if the proponent establishes the testator's intent by:

Accepted Answer

Clear and convincing evidence

Answer

Colorado's harmless error statute allows a defectively executed document to be treated as a will if intent is shown by clear and convincing evidence.

Question 4

A decedent dies intestate in Colorado survived by a spouse and two adult children who are also children of the surviving spouse. The spouse takes:

Accepted Answer

The entire intestate estate

Answer

Under Colorado's UPC-based intestacy scheme, the spouse takes everything when all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants.

Question 5

In Colorado, a beneficiary who witnesses the will she benefits under:

Accepted Answer

Does not forfeit her gift, because an interested witness does not invalidate a will or the gift

Answer

Colorado follows the UPC rule that the signing of a will by an interested witness does not invalidate the will or any provision of it.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Wills Trusts and Estates 2