TX Bar Wills and Estates 2 — Questions and Answers
Question 1: Under Texas law, which of the following is NOT one of the elements required to establish testamentary capacity?
- Understanding the nature and effect of making a will
- Knowing the natural objects of one's bounty
- Having at least two living heirs (Correct answer)
- Understanding the character and extent of one's property
Correct answer: Having at least two living heirs
Testamentary capacity requires understanding the will, knowing the natural objects of bounty, and knowing one's property — having two living heirs is not a requirement.
Question 2: Under Texas law, a valid holographic will must be:
- Signed and dated by the testator in the testator's own handwriting
- Entirely written and signed in the testator's own handwriting (Correct answer)
- Written in the testator's handwriting, signed, and witnessed by two credible witnesses
- Notarized and signed by the testator in the testator's own handwriting
Correct answer: Entirely written and signed in the testator's own handwriting
A holographic will in Texas must be written wholly in the testator's handwriting and signed; no witnesses or notarization are required.
Question 3: When a Texas decedent dies intestate survived by a spouse and children who are not children of the surviving spouse, what interest does the surviving spouse take in the decedent's separate real property?
- Fee simple ownership of all separate real property
- A life estate in one-third of the separate real property (Correct answer)
- Fee simple ownership of one-half of the separate real property
- No interest in the separate real property
Correct answer: A life estate in one-third of the separate real property
Under Texas Estates Code §201.002, when the decedent's children are not also children of the surviving spouse, the spouse takes only a life estate in one-third of separate real property.
Question 4: During marriage, H uses pre-marital savings to purchase a rental property in his name alone. If H dies intestate, this property is most likely characterized as:
- Community property subject to equal division
- H's separate property passing under Texas intestate succession (Correct answer)
- Quasi-community property to be divided equally
- Mixed property requiring partition before distribution
Correct answer: H's separate property passing under Texas intestate succession
Property purchased entirely with a spouse's separate property funds retains its separate property character under Texas tracing rules.
Question 5: T executes a valid will leaving everything to her husband. Two years later she has a child and dies without amending the will. Under Texas law, the child:
- Is entitled to an intestate share as a pretermitted heir (Correct answer)
- Is barred from inheriting because the will was validly executed before the child's birth
- Is entitled to a forced share of 25% of the estate
- Is protected only if the will specifically disinherits the child by name
Correct answer: Is entitled to an intestate share as a pretermitted heir
Under Texas Estates Code §255.051, a child born or adopted after the will is executed and not provided for in the will takes an intestate share.
Question 6: Which of the following is required for a validly attested (non-holographic) will in Texas?
- Three witnesses, at least one of whom must be a notary
- Two credible witnesses who sign in the testator's presence (Correct answer)
- One disinterested witness who is not a beneficiary under the will
- Notarization and two witnesses who sign before a judge
Correct answer: Two credible witnesses who sign in the testator's presence
Texas Estates Code §251.051 requires a written will signed by the testator and attested by two or more credible witnesses who sign in the testator's presence.
Question 7: A self-proved will under Texas law has what primary procedural advantage at probate?
- It can never be contested on any ground
- It is admitted to probate without the necessity of witness testimony to prove due execution (Correct answer)
- It requires acknowledgment before a judge rather than a notary
- It must be re-executed every five years to remain self-proved
Correct answer: It is admitted to probate without the necessity of witness testimony to prove due execution
A self-proved will contains a sworn affidavit from the witnesses, allowing it to be admitted to probate without summoning witnesses to testify to proper execution.
TX Bar Wills and Estates 2
Under Texas law, which of the following is NOT one of the elements required to establish testamentary capacity?