MD Bar Wills Trusts and Estates 2

Question 1

Under Maryland law, how many attesting witnesses are required for a valid will?

Accepted Answer

Two credible witnesses who sign in the testator's presence

Answer

Maryland requires the will to be signed by the testator and attested by two credible witnesses who sign in the testator's presence.

Question 2

In Maryland, a holographic (unwitnessed handwritten) will is valid only if made by whom?

Accepted Answer

A person serving in the armed forces outside the United States

Answer

Maryland recognizes holographic wills only for those serving in the armed forces of the United States while outside the U.S., and such a will becomes void one year after discharge if the testator retains capacity.

Question 3

Testator's will leaves $50,000 to a friend who also served as one of the two attesting witnesses. Under Maryland law, what is the effect?

Accepted Answer

The will and the gift are both valid because an interested witness does not affect validity

Answer

Maryland provides that a will is not invalid because it is attested by an interested witness, and the interested witness's legacy is not forfeited.

Question 4

A Maryland testator dies intestate survived by a spouse and two minor children. What does the spouse take?

Accepted Answer

One-half of the net intestate estate

Answer

When the decedent is survived by minor descendants, the Maryland intestacy statute gives the surviving spouse one-half of the net estate with no preliminary lump sum.

Question 5

Under Maryland's anti-lapse statute, a legacy to a legatee who predeceases the testator passes to whom, absent contrary intent?

Accepted Answer

The legatee's issue or heirs, because the statute applies to any legatee, not just relatives

Answer

Maryland's anti-lapse statute is unusually broad, saving gifts for any deceased legatee's surviving issue rather than limiting the protection to relatives of the testator.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Wills Trusts and Estates 2