OK Bar Wills Trusts and Estates 2

Question 1

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

Accepted Answer

18 years old

Answer

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:

Accepted Answer

Valid as a holographic will

Answer

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?

Accepted Answer

Two

Answer

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?

Accepted Answer

An undivided one-half interest

Answer

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?

Accepted Answer

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

Answer

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

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Wills Trusts and Estates 2