DE Bar Wills Trusts and Estates 2

Question 1

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

Accepted Answer

Two credible witnesses

Answer

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?

Accepted Answer

Invalid because Delaware does not recognize unwitnessed holographic wills

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Court of Chancery

Answer

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?

Accepted Answer

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

Answer

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.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Wills Trusts and Estates 2