Chapter 5

Question 1

Abatement

Answer 1

Process of selling estate property to pay debts

Question 2

Ademption

Answer 2

Loss of a testamentary gift because the testator no longer owns the property at his or her death

Question 3

Advancement

Answer 3

Inter vivos gift to children in anticipation of their share of the parent’s estate

Question 4

Anti-lapse statute

Answer 4

State law providing that gifts to deceased heirs go to those person’s heirs

Question 5

Attestation

Answer 5

Clause signed by witnesses to a will.

Question 6

Beneficiary

Answer 6

Recipient of personal property under a will

Question 7

Bequest

Answer 7

Testamentary gift of personal property

Question 8

Codicil

Answer 8

Formal document used to amend a will

Question 9

Demonstrative legacy

Answer 9

Testamentary gift of money from a particular source

Question 10

Dependent relative revocation

Answer 10

Court doctrine holding that if a later will is found invalid, an earlier valid will shall be probated

Question 11

Devise

Answer 11

Testamentary gift of real property

Question 12

Devisee

Answer 12

Recipient of testamentary gift of real property

Question 13

Durable power of attorney:

Answer 13

Power of attorney that takes effect upon execution and lasts despite the incapacity of the principal

Question 14

Execution of a will

Answer 14

Formal signing and witnessing of a will

Question 15

Exordium

Answer 15

Introductory paragraph of a will

Question 16

Fraud

Answer 16

Misrepresentation to induce a person to sign a will

Question 17

General revocatory clause

Answer 17

Will provision revoking earlier wills and codicils

Question 18

Will provision revoking earlier wills and codicils

Answer 18

Document appointing another to make health care decisions for the principal

Question 19

Holographic Will

Answer 19

Will written in the testator’s own hand

Question 20

In terrorem clause

Answer 20

Anti-contest clause

Question 21

Incorporation by reference

Answer 21

Including terms of an independent document by making specific allusion to in another document

Question 22

Joint will

Answer 22

One will used for two persons

Question 23

Legacy

Answer 23

Testamentary gift of money

Question 24

Legatee

Answer 24

Recipient of money under a will

Question 25

Lapse

Answer 25

Provision in a will indicating that if a recipient of a gift under the will predeceases the testator, the gift forms a part of the testator’s residuum.

Question 26

Living Will

Answer 26

Instrument indicating a person’s wishes with respect to life termination should he be unable to speak for himself

Question 27

Marital deduction

Answer 27

Tax provision permitting property that goes to a surviving spouse to go tax free

Question 28

Menace

Answer 28

Threats used to induce a person to sign a will

Question 29

Mortmain Statute

Answer 29

Law limiting charitable gifts under a will

Question 30

Mutual will

Answer 30

Identical wills executed by two persons

Question 31

Nuncupative will

Answer 31

Oral will permitted in limited situations

Question 32

Power of attorney

Answer 32

Authorization for one person to act on another’s behalf

Question 33

Pretermission

Answer 33

Omitting mention of a child or issue in a will; the omitted child or issue is entitled to an intestate share of the estate

Question 34

QTIP trust

Answer 34

Special trust that qualifies for a marital deduction

Question 35

Residuum

Answer 35

The residuary estate

Question 36

Self-proving will

Answer 36

Will with affidavit of attesting witnesses attached

Question 37

Simultaneous death clause

Answer 37

Provision indicating how property is to be distributed if the testator and the heir die in a common disaster

Question 38

Slayer Statute

Answer 38

Law prohibiting a murderer from inheriting from his or her victim.

Question 39

Springing power of attorney

Answer 39

Power of attorney that takes effect at some point in the future

Question 40

Statutory will

Answer 40

Form will appearing in the state statutes

Question 41

Stored Communications Act

Answer 41

Federal statute authorizing service providers to release covered information to appointees

Question 42

Testamentary capacity

Answer 42

Knowing the nature and extent of one’s property and the natural bounty of one’s affections

Question 43

Testimonium

Answer 43

Last clause in a will

Question 44

Undue influence

Answer 44

Ability of a person in a close relationship to the testator to use that position to cause the testator to make a particular testamentary disposition

Question 45

Will contest

Answer 45

Legal challenge to the validity of an instrument filed for probate