DE Bar Wills Trusts and Estates 2 — Questions and Answers
Question 1: Under Delaware law, how many witnesses must attest a will for it to be validly executed?
- Two credible witnesses (Correct answer)
- One witness plus a notary
- Three disinterested witnesses
- No witnesses if the will is entirely handwritten
Correct answer: Two credible witnesses
Delaware requires a will to be signed by the testator and attested in writing by two or more credible witnesses.
Question 2: A Delaware testator's unwitnessed will is written entirely in her own handwriting and signed. What is its status?
- Valid as a holographic will
- Invalid because Delaware does not recognize unwitnessed holographic wills (Correct answer)
- Valid only for personal property
- Valid if filed with the Register of Wills before death
Correct 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.
Question 3: In Delaware, a surviving spouse's elective share is generally which of the following?
- One-half of the probate estate
- $20,000 or one-third of the elective estate, whichever is greater (Correct answer)
- The entire estate if the marriage lasted over 10 years
- One-third of the probate estate only, excluding nonprobate transfers
Correct 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.
Question 4: Which Delaware court has primary jurisdiction over trust administration disputes?
- Superior Court
- Court of Common Pleas
- Court of Chancery (Correct answer)
- Family Court
Correct answer: Court of Chancery
The Delaware Court of Chancery, as a court of equity, has jurisdiction over trusts and fiduciary matters.
Question 5: Under Delaware's rule against perpetuities as applied to trusts, interests in trust personal property may last for how long?
- Lives in being plus 21 years
- 90 years under the wait-and-see approach
- 110 years
- Indefinitely, because the rule is abolished for personal property held in trust (Correct answer)
Correct 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.
Question 6: A Delaware testator divorces after executing a will leaving everything to his spouse. Absent contrary intent, what effect does the divorce have?
- The entire will is revoked
- Provisions in favor of the former spouse are revoked, and the will operates as if the former spouse predeceased (Correct answer)
- The will remains fully effective until republished
- Only the residuary gift to the spouse is revoked
Correct 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.
Question 7: Which official supervises the initial probate of wills and grants letters testamentary in each Delaware county?
- The Register of Wills (Correct answer)
- The Prothonotary
- The Recorder of Deeds
- The Clerk of the Peace
Correct answer: The Register of Wills
The Register of Wills in each Delaware county admits wills to probate and grants letters testamentary or of administration.
DE Bar Wills Trusts and Estates 2
Under Delaware law, how many witnesses must attest a will for it to be validly executed?