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

Oregon requires two witnesses who must sign within a reasonable time after witnessing the testator sign or acknowledge the will.

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

Oregon recognizes holographic wills if the signature and the material portions of the document are in the testator's own handwriting, without witnesses.

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

Testamentary capacity requires understanding the nature of making a will, one's natural heirs, one's property, and how the will distributes the estate.

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

Undue influence occurs when another's pressure overrides the testator's independent judgment so the will reflects the influencer's desires rather than the testator's own wishes.

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

DRR treats a revocation as conditional on a mistaken assumption; if the new will fails, the court may disregard the revocation and probate the earlier will.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Wills Trusts and Estates 2