Quiz 7 Flashcards
- A donation inter vivos is a type of _________.
nominate contract
- A ___ is a person who gives a donation inter vivos.
donor
- A ____ is a person who receives a donation inter vivos
donee
- ______ is a Latin phrase meaning “between the living.”
Inter vivos
- In Louisiana, contracts to revoke wills and contracts to make wills are ordinarily enforceable. True or False?
False
- When donative intent is challenged, the donee bears the burden of proving the donor’s donative intent by ______________.
b. strong and convincing evidence
- The donation of immovable property may be made by either authentic act or act under private signature duly acknowledged. True or False?
False
- D died intestate survived by three children, A, B, and C. A has children of his own. A decides to renounce his interest in D’s estate in favor of C. What form must A’s donative renunciation be in to accomplish is goal of transferring his interest in the estate to C?
Authentic Act
- Mother and father donate an immovable to their child, C. To execute a valid donation, mother and father must appear at the same time before for the same notary and witnesses. true or false?
false
- Mother and father donate an immovable to their child, C. C’s acceptance of the gift must be in authentic form. true or false?
false
- In an authentic act, the signature of the notary is usually centered and below the signatures of the witnesses and the donors. true or false?
true
- On Day 1, donor emailed donee stating: “I am donating my house to you. I want you to have it and enjoy it.” On Day 2, donee emailed donor and said: “Thank you! I accept your gift.” On Day 30, donor moved out of the house and donee moved in. On Day 40, donor signed an authentic act of donation that purported to donate the house to the donee. On Day 50, the donor signed an acceptance of the act of donation. On Day 60, the authentic act of donation and the acceptance were both recorded in the appropriate conveyance records.
When did ownership of the property transfer to the donee?
d. Day 50
- On Day 1, donor emailed donee stating: “I am donating my house to you. I want you to have it and enjoy it.” On Day 2, donee emailed donor and said: “Thank you! I accept your gift.” On Day 30, donor moved out of the house and donee moved in. On Day 40, donor signed an authentic act of donation that purported to donate the house to the donee. On Day 50, the donor signed an acceptance of the act of donation. On Day 60, the authentic act of donation and the acceptance were both recorded in the appropriate conveyance records.
Donor died intestate on Day 45. Donee did not find out about donor’s death until Day 70. Who owns the house?
c. Donor’s heirs
- Louisiana law allows testators to execute two different types of wills. What are they?
b. Notarial and Olographic
- A purported testament that does not meet the formalities prescribed for the execution of a testament is an absolute nullity. true or false?
true
- The term “olographic” comes from two Greek root words meaning:
whole written
- About ___of the states in the United States permit testators to execute olographic (or holographic) wills.
1/2
- Where should the date appear on an olographic testament?
anywhere on the testament
- Where should the signature appear on an olographic testament?
end of the testament
- Testator executed an olographic testament on a piece of paper that had a preprinted letterhead on it that included the name, address, and contact information for a business on it. Because the preprinted letterhead is not in the testator’s handwriting, the olographic will is wholly invalid. true or false?
false
- Testator executed an olographic testament that said the following:
January 1, 2020
This is my last will and testament. I leave all of my property to Aubry.
/s/ Testator
P.S. Give my jewelry to Rau.
Which of the following best describes the effect of the language after the signature?
d. The court can consider the language, but it not required to consider the language.
Which of the following statements is true regarding the common law attested will?
i. All attested wills are self-proving.
ii. Attested wills must be notarized.
iii. Attested wills are derived from the Civil Law
notarial will.
none of the above
Testator’s notarial will opens with the following sentence: “I, Testator, hereby make this my last will and testament and revoke all prior wills and codicils.” This language is usually called the __________.
exordium
The date on a notarial testament must be written in the hand of the testator. true or false
false
The testator must sign the testament after the attestation clause. true or false?
false
The witnesses and the notary to a notarial testament must watch the testator sign the testament. true or false
true
Which of the following is the most likely to meet the requirement for a legally valid attestation clause under Louisiana Civil Code article 1577?
d. “On this 3rd day of July 1999, the testator, Hector Martinez signed this will on each page and at the end in our presence, declaring it to be his testament. In the presence of the testator and one another we hereunto sign our names.”
The designation of an executor in a testament does not constitute a legacy. true or false?
true
A mandatary cannot execute a testament on behalf of his principal. true or false
true
- Two people may execute a testament in the same instrument provided that they are married. true or false
false
To serve as a witness to a notarial testament, a person must be at least ___ years old.
16
T executed a notarial will before his death. T was single when he died. T was survived by his brother (B), and by T’s three children (Q, R, and S). T’s will divided his estate equally among B, Q, R, and S. Q served as a witness to T’s will. What, if anything, is Q entitled to inherit from T
b. 1/4 of T’s estate.
T executed a notarial will before his death. T was single when he died. T was survived by his brother (B), and by T’s three children (Q, R, and S). T’s will divided his estate equally among his brother B, Q, R, and S. B served as a witness to T’s will. What, if anything, is B entitled to inherit from T?
nothing
