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Wills Trusts and Estates Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Wills Trusts and Estates flashcards as text

  1. Under Delaware law, how many witnesses must attest a will for it to be validly executed?

    Answer: Two credible witnesses

    Delaware requires a will to be signed by the testator and attested in writing by two or more credible witnesses.

  2. A Delaware testator's unwitnessed will is written entirely in her own handwriting and signed. What is its status?

    Answer: Invalid because Delaware does not recognize unwitnessed holographic wills

    Delaware does not recognize holographic wills; every will must be attested by two credible witnesses.

  3. In Delaware, a surviving spouse's elective share is generally which of the following?

    Answer: $20,000 or one-third of the elective estate, whichever is greater

    Delaware gives the surviving spouse an elective share of $20,000 or one-third of the elective estate, whichever is greater, reduced by property already passing to the spouse.

  4. Which Delaware court has primary jurisdiction over trust administration disputes?

    Answer: Court of Chancery

    The Delaware Court of Chancery, as a court of equity, has jurisdiction over trusts and fiduciary matters.

  5. Under Delaware's rule against perpetuities as applied to trusts, interests in trust personal property may last for how long?

    Answer: Indefinitely, because the rule is abolished for personal property held in trust

    Delaware abolished the rule against perpetuities for personal property held in trust, permitting perpetual dynasty trusts, while trusts holding real property are limited to 110 years.

  6. A Delaware testator divorces after executing a will leaving everything to his spouse. Absent contrary intent, what effect does the divorce have?

    Answer: Provisions in favor of the former spouse are revoked, and the will operates as if the former spouse predeceased

    In Delaware, divorce revokes dispositions and fiduciary appointments in favor of the former spouse, who is treated as having predeceased the testator.

  7. Which official supervises the initial probate of wills and grants letters testamentary in each Delaware county?

    Answer: The Register of Wills

    The Register of Wills in each Delaware county admits wills to probate and grants letters testamentary or of administration.