FL Bar Wills, Trusts & Estates 2

Question 1

Under Florida's Uniform Trust Code (§736.0402), which elements are required to create a valid express trust?

Accepted Answer

Intent to create a trust, ascertainable beneficiaries, and identifiable trust property

Answer

Florida Statutes §736.0402 requires the settlor's intent, ascertainable beneficiaries, and identifiable trust property (res) to create a valid express trust.

Question 2

Under Florida law, a revocable trust generally becomes irrevocable:

Accepted Answer

Upon the death of the settlor

Answer

A revocable trust remains subject to amendment or revocation during the settlor's lifetime and becomes irrevocable upon the settlor's death.

Question 3

Florida Statutes §736.0802 imposes a duty of loyalty on a trustee, requiring the trustee to:

Accepted Answer

Administer the trust solely in the interest of the beneficiaries

Answer

The duty of loyalty under §736.0802 requires the trustee to administer the trust solely in the interest of the beneficiaries, avoiding conflicts of interest.

Question 4

Under Florida's anti-lapse statute (§732.603), if a predeceased will beneficiary was a grandparent or a descendant of a grandparent of the testator, the gift:

Accepted Answer

Passes to the beneficiary's descendants by representation

Answer

§732.603 provides that if the predeceased beneficiary is a grandparent or descendant of a grandparent of the testator, the gift passes to the beneficiary's descendants rather than lapsing.

Question 5

Under Florida's Slayer Statute (§732.802), a person who feloniously and intentionally kills the decedent is:

Accepted Answer

Barred from inheriting any property or benefit from the decedent's estate

Answer

§732.802 bars a killer from acquiring any interest in or benefit from the estate, trust, or other property of the person killed.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Wills, Trusts & Estates 2