VA Bar Wills Trusts and Estates 2

Question 1

Under Virginia's intestate succession statute, if a decedent dies leaving a surviving spouse and two adult children who are both children of the surviving spouse, the spouse receives:

Accepted Answer

The entire estate

Answer

Under Va. Code § 64.2-200, when all descendants are also descendants of the surviving spouse, the spouse inherits the entire intestate estate.

Question 2

Under Virginia law, if a decedent dies intestate leaving a surviving spouse and two children from a prior marriage, the surviving spouse's intestate share is:

Accepted Answer

One-third of the estate

Answer

Under Va. Code § 64.2-200(A)(2), when the decedent leaves descendants who are not also descendants of the surviving spouse, the spouse receives one-third of the estate.

Question 3

Virginia's elective share statute provides a surviving spouse with what portion of the decedent's augmented estate?

Accepted Answer

A percentage determined by the length of the marriage

Answer

Under Va. Code § 64.2-308.3, the elective share is a sliding scale from 0% to 50% based on the number of years of marriage.

Question 4

Under Virginia law, a pretermitted child (born after the testator executes a will) who is not mentioned in that will generally receives:

Accepted Answer

An intestate share unless the omission appears intentional

Answer

Va. Code § 64.2-419 grants an after-born or after-adopted child an intestate share unless the will shows the omission was deliberate.

Question 5

Virginia's anti-lapse statute saves a failed bequest when the predeceasing beneficiary is a:

Accepted Answer

Descendant of the testator's grandparents

Answer

Va. Code § 64.2-418 applies the anti-lapse substitute-gift rule when the predeceasing beneficiary is a descendant of the testator's grandparents.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Wills Trusts and Estates 2