Wills Essay Rules

Question 1

A specific devise is

Answer 1

A gift of property that is particularly designated and is to be satisfied only by the receipt of the particular property described

Question 2

What is the doctrine of ademption by extinction?

Answer 2

When specifically bequeathed property is not owned by the testator at death, the bequest is adeemed and fails

Question 3

What is an exception to the doctrine of ademption by extinction?

Answer 3

In corporate actions, a specific devise of stock is entitled to securities of another corporation owned by the testator as a result of merger, consolidation, reorganization, or other similar action taken by the entity

Question 4

If a will beneficiary dies during the testator’s life time, the gift ________ and falls into _______

Answer 4

Fails; residue

Question 5

What is the anti-lapse statute?

Answer 5

The anti-lapse statute saves the gift of a will if the predeceasing beneficiary was a grandparent, lineal descendant of a grandparent of the testator and left descendants who survived the testator. The beneficiary’s descendants are substituted as takers under the anti-lapse statute

Question 6

Partial intestacy is when

Answer 6

A testator makes a will that does not make a complete disposition of their estate

Question 7

When a testator makes a will that does not make a complete disposition of their estate, the rules of ________ apply to assets that are not disposed by will

Answer 7

Intestate succession

Question 8

When a decedent dies without leaving a surviving spouse, issue, or parents, their probate estate passes to the decedent’s ________ and ________, who take by representation

Answer 8

siblings; descendants of deceased siblings

Question 9

What is revocation by divorce?

Answer 9

When a testator divorces, all gifts to the former spouse are revoked by operation of law

Question 10

When provisions in favor of a former spouse are revoked, the will is read as if the former spouse ________

Answer 10

Predeceased the testator

Question 11

The pretermitted child statute applies to children born ________ the execution of the will

Answer 11

After

Question 12

What is the pretermitted child statute?

Answer 12

Under this statute, if the testator had no other children at the time the will was executed, the pretermitted child takes the portion of the testator’s estate that the child would have been entitled to if the testator had died intestate

Question 13

Under intestacy laws, when a decedent dies w/o a surviving spouse, the entire estate passes to their ________

Answer 13

Descendants

Question 14

A tenancy by the entirety is a

Answer 14

Marital estate akin to joint tenancy between spouses

Question 15

The major distinction between a joint tenancy and a tenancy by the entirety concerns

Answer 15

Serverance

Question 16

A tenancy by the entirety cannot be terminated by involuntary partition. It can be terminated only by

Answer 16

1) The death of either spouse

2) Divorce

3) Mutual agreement; or

4) Execution by a joint creditor of both spouses

Question 17

T/F In VA, a divorce a vinculo (an absolute divorce) extinguishes all contingent rights of either spouse in the other’s real property, including the right of survivorship

Answer 17

True

Question 18

A divorce decree converts any estate by the entirety into a

Answer 18

Tenancy in common

Question 19

In a tenancy in common, each owner has a ________ which is ________

Answer 19

Distinct, undivided interest in the property, freely alienable and inheritable

Question 20

A will may be revoked in whole or in part by

Answer 20

A subsequently written will or codicil as long as the instrument is executed with the same formalities as are required for the execution of a will

Question 21

If a testator executes a second testamentary instrument that does not contain any express language of revocation of an earlier will

Answer 21

The two instruments are read together to the extent possible (i.e., the second instrument is treated as a codicil to the will)

Question 22

T/F Because a will takes effect upon the death of a testator, it operates upon circumstances and properties as they exist at the time of the testator’s death

Answer 22

True

Question 23

If a will beneficiary dies during the testator’s lifetime, the gift ________

Answer 23

Lapses

Question 24

When a testator left a will but does not make a complete disposition of the estate the assets not disposed of by will

Answer 24

Pass by the rules of intestate succession

Question 25

Under the rules of intestate succession, if the decedent did not leave a surviving spouse, the decedent’s property passes to

Answer 25

The decedent’s descendants

Question 26

If a testator is divorced after making a will

Answer 26

All gifts to the former spouse are revoked and the rest of the will remains valid and is read as though the ex-spouse predeceased the testator

Question 27

T/F All of a person’s separate property will be included in their estate at death

Answer 27

True

Question 28

In joint tenancy, each owner holds an

Answer 28

Equal undivided interest in the property with a right of survivorship

Question 29

When one joint tenant dies, the property is ________ from their interest; the survivor retains an ________ right in the property, which is no longer subject to the interest of the deceased co-tenant

Answer 29

Freed, undivided

Question 30

120-hour rule

Answer 30

A person must survive a decedent by 120 hours in order to take as an heir

Question 31

The 120-hour applies not only to heirs but also to

Answer 31

All types of donative transfers, including survivorship estates and wills (absent a contrary provision in the governing instrument)

Question 32

With joint bank accounts, unless there is ________ evidence that one co-owner survived the other by 120 hours, ________ passes through one co-owner’s estate as though he survived, and the other ________ passes through the other co-owner’s estate as though she survived. In effect, the property is treated as if it were held in a ________

Answer 32

Clear & convincing, 1/2, 1/2, tenancy in common

Question 33

Per capita with representation method

Answer 33

The property is divided into equal shares at the first generational level at which there are living takers

Question 34

When a decedent dies without a will, their estate will be distributed according to the rules of

Answer 34

Intestate succession

Question 35

If an intestate decedent dies with no spouse but with descendants, the entire estate passes to

Answer 35

The decedent’s descendants, who take per capita with representation

Question 36

How is property divided per the per capita method?

Answer 36

The property is divided into equal shares at the first generational level at which there are living takers. Each living person at that level takes a share, and the share of each deceased person at that level passes to their descendants by right of survivorship

Question 37

A gift is a

Answer 37

Voluntary transfer of property by one to another without any consideration or compensation

Question 38

To have a valid gift, there must be

Answer 38

Donative intent, delivery of the subject matter of the gift, and acceptance of the gift by the donee

Question 39

The burden of proving that a gift has been made is on the ________ who must establish donative intent and delivery of the subject of the gift by ________

Answer 39

Donee, clear and convincing evidence

Question 40

Delivery of a gift may be

Answer 40

Actual, constructive or symbolic

Question 41

In the case of constructive delivery, the delivery requirement is satisfied when

Answer 41

The donor surrenders as much control over the subject matter of the gift as the donor presently possesses

Question 42

A trust is

Answer 42

An arrangement in which a trustee holds legal title to trust assets for the benefit of beneficiaries who hold equitable title

Question 43

Five elements for an express trust

Answer 43

1) Settlor with capacity to convey title to the trustee

2) An intention to create a trust

3) One or more definite beneficiaries

4) A trustee with active duties to perform

5) The same person is not the sole trustee and the sole beneficiary

In addition, there must be a present disposition in trust of identifiable property then owned by the settlor, and the trust must have a lawful purpose

Question 44

Trust termination

Answer 44

A trust will terminate automatically at the expiration of the trust term specified in the instrument or when all of the purposes of the trust have been accomplished

Question 45

In a joint tenancy each owner holds an

Answer 45

Equal undivided interest in the property with a right of survivorship

Question 46

When one joint tenant dies, the property is

Answer 46

Freed from their interest; the survivor or surivors retain an undivided right in the property, which is no longer subject to the interest of the deceased co-tenant

Question 47

A tenancy in common is a

Answer 47

Concurrent estate with no right of survivorship. Each owner has a distinct, undivided interest in the property that is freely alienable by inter vivos and testamentary transfer and is inheritable

Question 48

A will cannot make a gift of

Answer 48

Nonprobate assets

Question 49

Nonprobate assets are

Answer 49

Interests that pass at death other than by will or intestacy

Question 50

Life insurance is one type of ________ that passes by _______

Answer 50

Nonprobate asset, contract

Question 51

To make a valid will, a testator must have ________ and ________

Answer 51

Testamentary capacity and intent

Question 52

A testator has capacity if they are

Answer 52

At least 18 years old and of sound mind

Question 53

A testator has testamentary intent if they

Answer 53

Intend that the particular instrument operate as their will

Question 54

A valid attested will must be

Answer 54

1) Signed by the testator

2) In the joint presence of at least two attesting witnesses

3) Who sign the will in the testator’s presence (although not necessarily in each other’s presence)

Question 55

Under VA’s statute providing that even though an instrument is not executed in full compliance with the will execution statute,

Answer 55

The instrument can be treated as having been validly executed if the proponent of the instrument establishes by clear and convincing evidence that the decedent intended the document to constitute their will

Question 56

Holographic wills are wills that are

Answer 56

Unattested and handwritten by the testator

Question 57

To be a valid, a holographic will must be

Answer 57

Wholly in the testator’s writing and signed by them. The testator’s name must be written in such a manner as to make it manifest that the name is intended to be a signature

Question 58

In a holographic will, the testator’s name must be written in such a manner as to

Answer 58

Make it manifest that the name is intended to be a signature

Question 59

T/F In a holographic will, there is nor requirement that the will be dated

Answer 59

True

Question 60

A will can be revoked in whole or in part by (physical act)

Answer 60

Cutting, burning, tearing, canceling, obliterating, or destroying the will with the intent, and for the purpose, of revocation. The testator must have the intention to revoke at the time they do the physical act

Question 61

Revocation by physical act requires

Answer 61

Physical act and intent to revoke

Question 62

Revocation by physical act requires that the testator have

Answer 62

The intention to revoke at the time they do the physical act

Question 63

Republication with testamentary formalities

Answer 63

A testator may restore the testamentary effectiveness of a revoked will by re-executing the will in compliance with statutory formalities

Question 64

A codicil is

Answer 64

A later testamentary instrument that amends, alters, or modifies a previously executed will

Question 65

A codicil must be executed with

Answer 65

The same testamentary formalities as a will, and the will is treated as having been executed on the date of the last validly executed will

Question 66

Intestate succession rules apply when the decedent left a will but the will

Answer 66

Does not make a complete disposition of the estate

Question 67

If there is no residuary clause in the will, the residue will

Answer 67

Pass by the laws of intestate succession

Question 68

In VA, if a decedent does not have a surviving spouse, the entire estate passes to

Answer 68

The decedent’s descendants who take per capita with representation

Question 69

A testator who wants to disinherit someone must make

Answer 69

A complete disposition of their estate by will. If any portion of the estate passes by intestate succession, the intestacy statute and not the will governs the distribution

Question 70

The valid execution of a codicil that makes express reference to the revoked will causes the will to be revived under

Answer 70

The doctrine of republication by codicil

Question 71

A will may be revoked in whole or in party by a ________ or ________, as long as the instrument is executed with the ________ as are required for the ________

Answer 71

Subsequently written will or codicil, same formalities, execution of a will

Question 72

If a testator executes a second testamentary instrument that does not contain any express language of the revocation of an earlier will, the two instruments are ________. However, the second instrument revokes the first to the extent of any ________

Answer 72

Read together to the extent possible, inconsistent provisions

Question 73

If a husband and wife own property as tenants by the entirety with right of survivorship, divorce ________ the right of survivorship, and the parties thereafter hold the property as ________

Answer 73

Right of survivorship, tenants in common