BARBRI - Wills and Estates Questions
and Answers Latest Version Already
Passed
What is the legal term for dying without a valid will?
✔✔Intestacy
What is the document in which a person specifies how their property is to be distributed after
death?
✔✔Will
What is a codicil?
✔✔A formal amendment or addition to a will
What happens to a will if the testator gets married after making the will and does not update it?
✔✔The surviving spouse may be entitled to an intestate share depending on jurisdiction
Who is the person named in a will to carry out its terms?
✔✔Executor
1
,Who inherits when someone dies without a spouse, children, or will?
✔✔Next closest blood relatives under intestate succession
What is required for a will to be valid in most jurisdictions?
✔✔Testamentary capacity, intent, and proper execution with witnesses
What is the term for a gift of personal property in a will?
✔✔Bequest
What is the term for a gift of real property in a will?
✔✔Devise
What happens when a specific gift in a will is no longer part of the estate at the time of death?
✔✔The gift adeems (fails)
Can a will be oral?
✔✔Yes, in very limited circumstances (nuncupative wills), depending on the state
2
,If a testator leaves everything to a friend, but then marries and has a child after executing the
will, what is the likely result?
✔✔The omitted child may be entitled to a share of the estate
What is it called when two wills conflict?
✔✔The later valid will typically revokes the prior one
What is a holographic will?
✔✔A will entirely handwritten and signed by the testator, allowed in some jurisdictions
Can a minor make a valid will?
✔✔Generally no, unless emancipated or serving in the military
What is a residuary clause in a will?
✔✔A clause that disposes of property not specifically devised
What happens if a beneficiary dies before the testator and no alternate is named?
3
, ✔✔The gift may lapse unless saved by an anti-lapse statute
What is the effect of divorce on a will that names the former spouse as beneficiary?
✔✔In many states, the ex-spouse is treated as if they predeceased the testator
What is the rule against perpetuities?
✔✔An interest must vest, if at all, within 21 years after a life in being at creation
What does per stirpes distribution mean?
✔✔Each branch of the family receives an equal share
What does per capita distribution mean?
✔✔Each living descendant receives an equal share
What is the elective share?
✔✔A surviving spouse’s statutory right to claim a portion of the estate, regardless of the will
Can a will be revoked?
4
and Answers Latest Version Already
Passed
What is the legal term for dying without a valid will?
✔✔Intestacy
What is the document in which a person specifies how their property is to be distributed after
death?
✔✔Will
What is a codicil?
✔✔A formal amendment or addition to a will
What happens to a will if the testator gets married after making the will and does not update it?
✔✔The surviving spouse may be entitled to an intestate share depending on jurisdiction
Who is the person named in a will to carry out its terms?
✔✔Executor
1
,Who inherits when someone dies without a spouse, children, or will?
✔✔Next closest blood relatives under intestate succession
What is required for a will to be valid in most jurisdictions?
✔✔Testamentary capacity, intent, and proper execution with witnesses
What is the term for a gift of personal property in a will?
✔✔Bequest
What is the term for a gift of real property in a will?
✔✔Devise
What happens when a specific gift in a will is no longer part of the estate at the time of death?
✔✔The gift adeems (fails)
Can a will be oral?
✔✔Yes, in very limited circumstances (nuncupative wills), depending on the state
2
,If a testator leaves everything to a friend, but then marries and has a child after executing the
will, what is the likely result?
✔✔The omitted child may be entitled to a share of the estate
What is it called when two wills conflict?
✔✔The later valid will typically revokes the prior one
What is a holographic will?
✔✔A will entirely handwritten and signed by the testator, allowed in some jurisdictions
Can a minor make a valid will?
✔✔Generally no, unless emancipated or serving in the military
What is a residuary clause in a will?
✔✔A clause that disposes of property not specifically devised
What happens if a beneficiary dies before the testator and no alternate is named?
3
, ✔✔The gift may lapse unless saved by an anti-lapse statute
What is the effect of divorce on a will that names the former spouse as beneficiary?
✔✔In many states, the ex-spouse is treated as if they predeceased the testator
What is the rule against perpetuities?
✔✔An interest must vest, if at all, within 21 years after a life in being at creation
What does per stirpes distribution mean?
✔✔Each branch of the family receives an equal share
What does per capita distribution mean?
✔✔Each living descendant receives an equal share
What is the elective share?
✔✔A surviving spouse’s statutory right to claim a portion of the estate, regardless of the will
Can a will be revoked?
4
