OR Bar Wills Trusts and Estates 2

Question 1

Oregon requires how many witnesses to sign a formal attested will?

Accepted Answer

Two witnesses

Answer

One witness who is not a beneficiary

Answer

Three witnesses

Answer

No witnesses if the testator signs before a notary

Question 2

A valid Oregon holographic will must have which of the following?

Accepted Answer

The signature and material portions in the testator's handwriting

Answer

The testator's signature and two witnesses

Answer

Notarization and testator's signature

Answer

Two witnesses and handwritten portions

Question 3

What does testamentary capacity require a testator to understand at the time of executing a will?

Accepted Answer

The nature of the act, natural objects of their bounty, nature and extent of their property, and the plan of distribution

Answer

Their legal rights and the tax implications of the estate plan

Answer

The probate process and potential creditor claims against the estate

Answer

The legal definitions of all terms used in the will

Question 4

Which most accurately describes undue influence in the context of a will contest?

Accepted Answer

Pressure that overcomes the testator's free will and substitutes another person's desires for the testator's own

Answer

Any family member giving advice about estate planning choices

Answer

Emotional appeals by potential beneficiaries to change a bequest

Answer

An attorney's advice that results in the client changing their estate plan

Question 5

Under the doctrine of dependent relative revocation, if a testator revokes Will #1 believing Will #2 is valid, but Will #2 is later declared void, what is the result?

Accepted Answer

The revocation of Will #1 is treated as conditional and may be disregarded, potentially allowing Will #1 to be probated

Answer

Will #1 is permanently revoked and the estate passes by intestacy

Answer

Will #2's void provisions are severed and the remainder is probated

Answer

The testator's most recent signed expression of intent controls absolutely

Question 6

A testator clearly writes 'VOID' across every page of their executed will with intent to revoke it. Under Oregon law, this act:

Accepted Answer

Constitutes a valid revocation by cancellation with revocatory intent

Answer

Does not constitute revocation because no new will was executed simultaneously

Answer

Must be witnessed by two persons to be effective

Answer

Is effective only if filed with the probate court before death

Question 7

A will states: 'I give my car to Alice, but if Alice predeceases me, to Alice's children.' Alice predeceases the testator. Which governs distribution?

Accepted Answer

The express contingent gift clause in the will, passing to Alice's children

Answer

Oregon's anti-lapse statute, which substitutes Alice's surviving issue

Answer

The residuary clause, because the primary beneficiary predeceased

Answer

Intestacy, because the bequest has lapsed