NYLE Trusts, Wills & Estates 2

Question 1

Under New York EPTL § 5-1.1-A, a surviving spouse's elective share is calculated as what fraction of the decedent's net estate?

Accepted Answer

One-half

Answer

New York EPTL § 5-1.1-A entitles a surviving spouse to elect against the will and receive one-third of the net estate.

Question 2

A testator executes a holographic will in New York, signing and dating it entirely in her own handwriting but with no witnesses. Under New York law, this will is:

Accepted Answer

Invalid because New York does not recognize holographic wills

Answer

New York EPTL § 3-2.2 does not generally recognize holographic wills except for those made by members of the armed forces during armed conflict or mariners at sea.

Question 3

Under the New York Estates, Powers and Trusts Law, which doctrine allows a court to modify a charitable trust whose original purpose has become impossible or impractical?

Accepted Answer

Cy-pres doctrine

Answer

The cy-pres doctrine permits a court to redirect a charitable trust to a purpose as close as possible to the settlor's original intent when that intent becomes impossible or impractical.

Question 4

Testator's will includes a specific bequest of 'my 2020 Tesla Model S' to her nephew. The car is sold before the testator's death and replaced with a 2024 Tesla Model Y. Under New York law, the nephew:

Accepted Answer

Receives nothing because the bequest adeemed by extinction

Answer

Under ademption by extinction (EPTL § 3-4.4), a specific bequest fails when the specifically bequeathed property is no longer in the estate at the time of death.

Question 5

Under New York EPTL § 2-1.11, a class gift to 'children' presumptively closes when:

Accepted Answer

The testator dies

Answer

Under the rule of convenience, a class gift to 'children' closes at the testator's death so that afterborn children are generally excluded unless the will provides otherwise.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Trusts, Wills & Estates 2