GA Bar Multistate Essay 3

Question 1

Under the common-law Rule Against Perpetuities (RAP), a future interest is void if there is any possibility it will vest more than:

Accepted Answer

21 years after the death of a relevant life in being at the creation of the interest

Answer

The classic RAP voids future interests that might vest more than 21 years after the death of any life in being at the creation of the interest.

Question 2

A testator's will leaves Blackacre 'to A for life, remainder to A's children who survive A.' Under the common law, this remainder is best characterized as:

Accepted Answer

Contingent remainder because the identities of surviving children are unknown until A's death

Answer

A remainder conditioned on surviving the life tenant is contingent because the condition precedent (survival) has not yet occurred.

Question 3

In family law, the Uniform Premarital Agreement Act (UPAA) renders a premarital agreement unenforceable if the challenging party shows:

Accepted Answer

The agreement was not executed voluntarily or the party was not provided fair disclosure of assets

Answer

Under the UPAA, involuntary execution or inadequate disclosure of property and financial obligations are the primary grounds for voiding a premarital agreement.

Question 4

A testator executes a valid will, then later executes a second will with a clause expressly revoking all prior wills. If the testator destroys the second will, which doctrine may revive the first will?

Accepted Answer

Dependent relative revocation (DRR)

Answer

DRR holds that revocation of the revoking instrument may be conditional on the revival of the earlier instrument, potentially reinstating the first will.

Question 5

Under the Uniform Trust Code, a trustee's duty of loyalty is violated when the trustee:

Accepted Answer

Engages in self-dealing by purchasing trust property for personal account

Answer

The duty of loyalty prohibits self-dealing transactions where the trustee acts in a personal capacity adverse to the trust's interests.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Multistate Essay 3