VA Bar Wills Trusts and Estates 4

Question 1

Under Virginia law, the formal requirements for a valid attested will include:

Accepted Answer

Testator's signature and signatures of two witnesses, each signing in the testator's presence

Answer

Testator's signature witnessed by three competent persons

Answer

Notarization and one witness signature

Answer

Testator's signature acknowledged before a notary public only

Question 2

A valid holographic will under Virginia law must be:

Accepted Answer

Entirely in the testator's handwriting and signed by the testator

Answer

Witnessed by at least one person and signed by the testator

Answer

Typewritten and signed with the testator's handwritten signature

Answer

Notarized and signed in the presence of a circuit court clerk

Question 3

A testator validly executes Will #1, then executes Will #2 that expressly revokes Will #1. If the testator later destroys Will #2, what is the status of Will #1 under Virginia law?

Accepted Answer

Will #1 remains revoked unless the testator takes affirmative steps to revive it

Answer

Will #1 is automatically revived by destruction of Will #2

Answer

A court must hold a hearing to determine the testator's intent before ruling

Answer

Both wills are void and the estate passes by intestacy

Question 4

Which of the following acts effectively revokes a will under Virginia law?

Accepted Answer

Physically burning the will with intent to revoke

Answer

An oral declaration before two witnesses stating the intent to revoke

Answer

Subsequent remarriage of the testator

Answer

Executing a codicil to a different, unrelated will

Question 5

The doctrine of ademption by extinction in Virginia applies when:

Accepted Answer

A specifically bequeathed item no longer exists in the estate at the testator's death

Answer

A general legatee predeceases the testator

Answer

The testator's estate is insolvent at death

Answer

A charitable bequest is made to a dissolved organization

Question 6

To possess testamentary capacity in Virginia, a testator must understand at the time of execution:

Accepted Answer

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

Answer

The exact monetary value of every asset in the estate

Answer

Current tax laws and their effect on the estate

Answer

The legal requirements for all bequests to be effective

Question 7

Under Virginia law, a will may be admitted to probate as a 'lost will' if:

Accepted Answer

Its former existence and contents are proven by clear and convincing evidence

Answer

The testator's executor swears it existed

Answer

A photocopy is presented to the clerk of court

Answer

Two family members testify they saw the testator sign it