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Wills Trusts and Estates Flashcards

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  1. Under Oklahoma law, how old must a testator be to execute a valid will?

    Answer: 18 years old

    Oklahoma requires a testator to be at least 18 years old and of sound mind.

  2. A testator writes an entire will in her own handwriting, dates it, and signs it, but no witnesses attest. Under Oklahoma law, the will is:

    Answer: Valid as a holographic will

    Oklahoma recognizes holographic wills that are entirely written, dated, and signed in the testator's handwriting, with no witnesses required.

  3. How many attesting witnesses does Oklahoma require for a formal (non-holographic) will?

    Answer: Two

    A formal Oklahoma will must be subscribed by two competent witnesses in the testator's presence.

  4. A husband dies intestate in Oklahoma survived by his wife and their two joint children. What share does the wife take in the property acquired by joint industry during the marriage?

    Answer: An undivided one-half interest

    Under Oklahoma intestacy, the surviving spouse takes an undivided one-half of property acquired by joint industry during coverture when issue also survive.

  5. A beneficiary named in an Oklahoma will also serves as one of the two attesting witnesses. What is the consequence?

    Answer: The gift to the witness is void except to the extent of an intestate share, unless two other disinterested witnesses attested

    Under Oklahoma's interested-witness rule, the devise to a necessary witness is purged except up to what the witness would take by intestacy.

  6. A testator executes a valid will, then later marries. The will makes no provision for or mention of the new spouse. Under Oklahoma law, the spouse:

    Answer: Takes an intestate share as an omitted (pretermitted) spouse

    An Oklahoma spouse who married the testator after execution and is unprovided for and unmentioned generally receives an intestate share.

  7. Which act by an Oklahoma testator effectively revokes a prior will?

    Answer: Burning, tearing, canceling, or obliterating the will with intent to revoke

    Revocation by physical act requires destruction or cancellation of the will itself accompanied by intent to revoke.