OK Bar Wills Trusts and Estates 2 — Questions and Answers
Question 1: Under Oklahoma law, how old must a testator be to execute a valid will?
- 18 years old (Correct answer)
- 21 years old
- 16 years old with parental consent
- Any age if married
Correct answer: 18 years old
Oklahoma requires a testator to be at least 18 years old and of sound mind.
Question 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:
- Valid as a holographic will (Correct answer)
- Invalid for lack of witnesses
- Valid only for personal property
- Valid only if notarized
Correct 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.
Question 3: How many attesting witnesses does Oklahoma require for a formal (non-holographic) will?
- Two (Correct answer)
- One
- Three
- None if the will is notarized
Correct answer: Two
A formal Oklahoma will must be subscribed by two competent witnesses in the testator's presence.
Question 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?
- An undivided one-half interest (Correct answer)
- The entire estate
- A one-third interest
- A child's share only
Correct 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.
Question 5: A beneficiary named in an Oklahoma will also serves as one of the two attesting witnesses. What is the consequence?
- The gift to the witness is void except to the extent of an intestate share, unless two other disinterested witnesses attested (Correct answer)
- The entire will is invalid
- The gift is fully valid with no consequence
- The witness must forfeit any executor fees
Correct 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.
Question 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:
- Takes an intestate share as an omitted (pretermitted) spouse (Correct answer)
- Takes nothing because the will controls
- Takes the entire estate automatically
- Can only claim homestead rights
Correct 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.
Question 7: Which act by an Oklahoma testator effectively revokes a prior will?
- Burning, tearing, canceling, or obliterating the will with intent to revoke (Correct answer)
- Orally telling family members the will is revoked
- Losing the will accidentally
- Writing 'void' on an unsigned photocopy
Correct 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.
OK Bar Wills Trusts and Estates 2
Under Oklahoma law, how old must a testator be to execute a valid will?