UT Bar Wills Trusts and Estates 2

Question 1

Under Utah's intestacy scheme, a decedent is survived by a spouse and two children who are all descendants of that spouse. The decedent left no will. What does the surviving spouse receive?

Accepted Answer

The entire intestate estate

Answer

Under Utah Code § 75-2-102, the spouse takes the entire intestate estate when all of the decedent's surviving descendants are also descendants of the surviving spouse.

Question 2

A Utah testator writes a will entirely in her own handwriting, dates it, and signs it, but no witnesses are present. Is the will valid?

Accepted Answer

Yes, as a holographic will because the material portions and signature are in her handwriting

Answer

Utah Code § 75-2-502 recognizes holographic wills where the signature and material portions are in the testator's handwriting, with no witness requirement.

Question 3

A beneficiary named in a Utah will also serves as one of the two attesting witnesses. What is the effect on the will and the gift?

Accepted Answer

The will and the gift are both valid; an interested witness does not invalidate either

Answer

Under Utah Code § 75-2-505, the signing of a will by an interested witness does not invalidate the will or any provision of it.

Question 4

A testator's will leaves 'my 2019 Toyota Camry' to his nephew, but the testator sold the Camry before death and bought a truck. Under Utah law, what does the nephew most likely receive?

Accepted Answer

Nothing, because the specific gift adeemed by extinction

Answer

A specific devise of property no longer in the estate at death generally adeems by extinction, leaving the beneficiary with nothing absent evidence of contrary intent or a qualifying replacement under UPC rules.

Question 5

Under Utah's 120-hour survival rule, a husband and wife die in a car crash; the wife survives the husband by two days. Neither has a will. For purposes of the husband's intestate estate, how is the wife treated?

Accepted Answer

As having predeceased him, because she did not survive by 120 hours

Answer

Utah Code § 75-2-104 requires an heir to survive the decedent by 120 hours; surviving only two days (48 hours) means the wife is deemed to have predeceased him.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Wills Trusts and Estates 2