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

Va. Code § 64.2-403 requires the testator's signature and the signatures of at least two competent witnesses, each of whom signs in the testator's presence.

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

Va. Code § 64.2-403(B) permits holographic wills that are wholly in the testator's handwriting and signed; no witnesses are required.

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

Va. Code § 64.2-410 follows the no-automatic-revival rule: destroying a later will that revoked an earlier will does not revive the earlier will.

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

Va. Code § 64.2-410(A) permits revocation by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke.

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

Under Va. Code § 64.2-424, a specific bequest fails (adeems) when the property is no longer part of the testator's estate at death.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Wills Trusts and Estates 4