Quiz 13

Question 1

1. D died testate and D’s heirs, A and B, fought over the meaning and validity of D’s will. In settlement of their dispute, A received valuable property from D’s estate and wrote a will leaving the property to B. A and B agreed that A would not revoke or amend his will. A and B’s agreement is enforceable. true or false

Answer 1

false

Question 2

2. T’s family filed a petition for full interdiction on Day 1. On Day 2, T revoked his will that he executed several years earlier. On Day 30, the court issued a judgment of full interdiction. Is T’s revocation valid?

Answer 2

no

Question 3

3. T died and T’s will could not be located after T’s death. Which of the following is correct?

(i) T is presumed to have revoked the will by
physical act.

(ii) The will is presumed lost, but not
revoked.

(iii) The presumption can be overcome by
sufficient evidence.

(iv) The presumption can be overcome by
clear and convincing evidence.

Answer 3

a. (i) and (iii)

Question 4

4. One method of revoking a will is to do so in the form of a testament. Most professionally prepared wills revoke all previous wills in the ______ clause.

Answer 4

exordium

Question 5

5. T executed a notarial will. Later, T attached a piece of paper to the will that contained the following language T’s handwriting: “I revoke the attached will.” The writing was signed, but not dated.

T’s notarial will is revoked by the writing.

Answer 5

true

Question 6

6. The Louisiana Supreme Court has expressly recognized the doctrine of dependent relative revocation.

Answer 6

false

Question 7

7. T executed Will #1. T then executed Will #2, which expressly revoked Will #1. T then revokes Will #2 by physically destroying it. Which of the following is correct?

Answer 7

b. T’s estate is distributed by Will #1

Question 8

8. T’s notarial will contained the following provision (among other legacies): “I leave the sum of $10,000 to A.” T later scribbled over the legacy to A and wrote the word “revoked” by it. T did not sign, initial, or date his alterations.

Is A entitled to the $10,000?

Answer 8

yes

Question 9

9. T’s will made the following legacy: “I leave my Corvette to A.” Prior to T’s death, T gave the Corvette to B. Who is entitled to the Corvette?

Answer 9

B

Question 10

10. T executed his will when he was married to S. T’s will provided, in relevant part, as follows:
    “I leave S the sum of $50,000. I leave the remainder of my estate to my children, in equal shares. I name S as the executor of my estate.”
    T and S are divorced when T dies.
    S is entitled to inherit the $50,000.
    True or false

Answer 10

false

Question 11

11. T executed his will when he was married to S. T’s will provided, in relevant part, as follows:
    “I leave S the sum of $50,000. I leave the remainder of my estate to my children, in equal shares. I name S as the executor of my estate.”
    T and S are divorced when T dies.
    S is entitled to serve as executor.

Answer 11

false