OH Bar Wills Trusts and Estates 2

Question 1

Under Ohio law, how many witnesses are required for a valid attested will?

Accepted Answer

Two competent witnesses

Answer

Ohio R.C. 2107.03 requires a will to be signed by the testator and attested by two or more competent witnesses who saw the testator sign or heard the testator acknowledge the signature.

Question 2

A testator in Ohio writes her entire will in her own handwriting and signs it, but no witnesses attest it. Is the will valid?

Accepted Answer

No, because Ohio does not recognize unwitnessed holographic wills

Answer

Ohio does not recognize holographic wills; even a fully handwritten will must satisfy the attestation requirements of R.C. 2107.03.

Question 3

Under Ohio's antilapse statute, a devise to a predeceased beneficiary is saved for the beneficiary's issue only if the beneficiary was what?

Accepted Answer

A relative of the testator

Answer

Ohio's antilapse statute, R.C. 2107.52, saves a lapsed devise for the deceased devisee's surviving descendants only when the devisee is a relative of the testator (or of the testator's spouse under the current statute).

Question 4

In Ohio, a surviving spouse who is dissatisfied with the will may elect to take against it. Which statement best describes the elective share when the decedent left two or more children?

Accepted Answer

One-third of the net estate

Answer

Under R.C. 2106.01, the electing spouse takes the intestate share not to exceed one-half of the net estate, reduced to one-third when the decedent left two or more surviving children or their lineal descendants.

Question 5

A testator executes a valid will, then later marries. Under Ohio law, what effect does the subsequent marriage generally have on the will?

Accepted Answer

The will is not revoked, but the spouse may take an intestate share as a pretermitted spouse would under the election statutes

Answer

In Ohio, marriage after execution does not revoke a will, but the surviving spouse is protected through the election against the will and related spousal rights.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Wills Trusts and Estates 2