Multiple Choice Questions 1) Today, what term describes a gift of personal property in a will? A) Bequest B) Legacy C) All of the above D) None of the above Answer 2) What term describes a person receiving a gift under a will? A) Beneficiary B) Fiduciary C) Donee D) Grantee Answer: 3) What uniform law standardizes laws relating to the affairs of decedents? A) Universal Probate Code B) Uniform Probate Code C) All-American Probate Code D) All of the above Answer: 4) Under the UPC, who is a devisee? A) Person receiving a gift of real property under a will B) Person receiving a gift of personal property under a will C) All of the above D) None of the above Answer

5) In most states, what is a statutory determined minimum age for making a will? A) 14 B) 16 C) 18 D) 21 Answer: 6) Under the common law, when do people become 18 years of age? A) On the day before their 18th birthday B) On the day of their 18th birthday C) On the day after their 18th birthday D) Any day during a month of their birthday Answer: 7) What phrase is used as an equivalent to "soundness of mind" with respect to a testator? A) Analytical reasoning B) Testamentary capacity C) Critical thinking D) Cognitive perception Answer: 8) Who is allowed to testify about the testator's mental condition? A) Witnesses to the will B) Testator's family physician C) Experts in the area of mental diseases D) All of the above Answer: 9) What is a characteristic of a holographic will? A) Written entirely by the testator B) Signed by the testator C) Has no witnesses

D) All of the above Answer: 10) In jurisdictions where nuncupative will are disallowed, for whom is an exception made? A) Soldiers in military service B) Mariners at sea C) All of the above D) None of the above Answer: 11) What term describes the first paragraph in a will? A) Exordium clause B) Habendum C) Ad damnum D) Addendum Answer: 12) In some states, who can sign the testator's name at the testator's request in the testator's presence? A) Beneficiary B) Attesting witness C) Executor D) Notary public Answer: 13) What is a characteristic of a competent witness? A) Being at least 18 B) Being of sound mind C) All of the above D) None of the above Answer: 14) Who is a disinterested witness? A) Person who will not inherit any property from the will

B) Person who will not gain financially by signing the will C) All of the above D) None of the above Answer: 15) What does it mean to write below? A) Inscribe B) Subscribe C) Put pen to paper D) Mark Answer: 16) What term describes people who witness the signing of a document and then sign the document as witnesses? A) Trusted witnesses B) Fiduciaries C) Attesting witnesses D) Subscribing witnesses Answer: 17) The witnesses must subscribe in the presence of what person? A) Testator B) Another witness C) Beneficiary D) Public notary Answer: 18) How a person may be aware of the presence of another? A) By sight B) By hearing C) By touch D) All of the above Answer:

19) What is another term for a health care proxy? A) Advance directives B) Durable power of attorney C) Medical power of attorney D) Springing power Answer: 20) What term describes a living will? A) Directive to physicians B) Medical directive C) Health care declaration D) All of the above Answer: 19) What is another term for a health care proxy? A) Advance directives B) Durable power of attorney C) Medical power of attorney D) Springing power Answer: 20) What term describes a living will? A) Directive to physicians B) Medical directive C) Health care declaration D) All of the above Answer:

Choose the item in column 2 that best matches each item in column 1. Column 1: A) One common way to revoke a will. Answer: B) State statutes governing the distribution of property of people who die intestate. Answer: C) Taken away. Answer: D) Law comes into effect when the disposition of the decedents' property depends on who died first. Answer: E) Addition to an existing will. Answer: F) Capable of being revoked. Answer: G) Laws stating that murderers cannot inherit from their victims. Answer: H) Gift of money. Answer: I) To complete or to perform. Answer: J) Died before. Answer: Column 2: 1) Uniform Simultaneous Death Act 2) Subsequent marriage 3) Execute 4) Laws of intestate succession 5) Adeemed 6) Predeceased 7) Pecuniary gift 8) Codicil 9) Revocable 10) Slayer statutes

Fill in the Blank Questions 1) The testator's principal residence is called ________. Answer 2) The estate remaining after all individual items have been given by the will is called the residuary ________. Answer 3) The Uniform Probate Code acknowledges ________ by reference. Answer 4) The clause that disposes of all of the testator's property not otherwise given out is called the ________ clause. Answer 5) A guardian appointed by a court to protect a minor who brings a lawsuit is called a guardian ad ________. Answer 6) A person that agrees to pay the debts of another in the event of default is called a(n) ________. Answer 7) A person in a position of trust who has a duty to act in the best interest of others is called a(n) ________. Answer 8) The purpose of the ________ clause is to establish the source for the payment of estate taxes. Answer 9) A clause in the will attempting to disinherit any beneficiary contesting the provisions of the will is called an in ________ clause. Answer 10) The clause immediately preceding the testator's ________ is called the signature clause. Answer 11) The clause preceding the witnesses' signatures is called the ________ clause. Answer 12) A clause in a will containing an affidavit allowing the will to be accepted by the court as valid without the testimony of witnesses is called a(n) ________ affidavit. Answer