Wills Quiz
updated: 1/24/02

Robert's questions

1. A trust is any arrangement by which property is
transferred from one person to be administered
by a trustee for another's benefit. The essential
elements of a trust are:

A: a designated beneficiary and trustee
B: a fund sufficiently identified to enable title to pass to the trustee.
C: actual delivery to the trustee with the intention of passing title.
D: all of the above.

2.Gift of real estate by will is generally called a

A: A lucky break
B: A testament gift
C: A device
D: None of the above

Jackie's questions

3. Miguel was appointed by the court to be the personal representative of
the distribution of Gabby's property. Gabby dies without a will. Miguel
is:__________
a. Testator
b. Executor
c. Administrator
d None of the Above

4. What are the essential element of a trust?
a. designated beneficiary
b. designated trustee
c. actual delivery to the trustee with the intention of passing title
d. fund sufficiently identified to enable tiltle to pass to the trustee.
e. All of the above.

Lucy's questions

5. A trust created by will to come into existence on the settlor's deaath is called a

a. Charitable Trusts
b. Testamentary Trusts
c. Totten Trusts
d. None of the above

6. __________________ authorizes a person to act on behalf of an incompetent person- write checks, collect insurance
proceeds, and otherwise manage the disabled person's affairs, including health care- when he or she becomes
incapacitated.

a. Health-Care Power of Attorney
b. Living Will
c. Durable Power of Attorney
d. All of the above

Crystal's questions

7. In some states a will that is completely in handwritting is called
a. nuncupative will
b.holographic will
c.none of the above
d.will

8. Nuncupative will's are oral will's which statues frequently permit to make when
a.testator is on deathbed
b.nurses on are active duty
c.soliders and sailors are on active duty
d. none of the above

Mike's questions

9, John says cow can fly. He gives all his flying cows to his son. Is John's will valid.
a.yes,only after close inspection of the cows
b.yes,if John son believes cows can fly
c.no,the testor ignored blood relatives
d.no, the testor must know the character of the property
e.both a & d if cows can't fly

10. All wills must be published orally as "last will and testiment"
a. true
b.false

Robert's questions (part two)

11. If you die without a will your illegitimate children will be treated the same as a child born during wedlock
for purposes of intestate succession and family allowance in California but:
A: Paternity adjudication or acknowledgment by the father is required.
B: You can’t leave more than 50% of your estate to the child.
C: Inheritance is not allowed if the child is adopted by someone else.
D: only if the child was named in a trust.
Question 2 A child born after the execution of a will, but not included in the will, is presumed to have been
inadvertently omitted and therefore takes his intestate share unless:
A: it appears from the face of the will that the omission was intentional (i.e. disinheriting a class of future children)

12. If one or more siblings is living at the time of the execution of the will, and the will leaves substantially all of
the estate to the omitted child’s parent.
C: there is a transfer outside of the will in lieu of a testamentary gift, such as a trust, life insurance, or joint
tenancy with the child.
D: All of the above

Elizabeth's questions

13. .Harry a notorious cheapscape wishes to change his will, so that his girlfriend will receive a percentage of his estate.
He wants to spend the least amount of money.

What formality must be done to accomplish his directive?

a. Write an amendment on the existing will, sign it and have it notarized.

b. Prepare a separate page referring specifically to the original will.

c. Prepare a codicil.

d. Both b & c

14.In order for a written will to be valid which of the following is not necessary?

a. The presence of two witnesses

b. Affirmation that the parties are in sight of one another

c. Testator is cognizant of the situation

d. None of the above

Julie's questions

15 .D executes a will giving all to his children A and B, but disinheriting his third child C. If A has no children, and
dies before D (A dies intestate), how will this affect the distribution of D’s estate on D’s death?

a) B gets 100%
b) B gets ½; C gets ½
c) B gets ¾; C gets ¼
d) B gets ½; his issue get ½

16 A child born after the execution of a will, but not included in the will, is presumed to have been inadvertently
omitted and therefore takes his intestate share unless (choose an UNTRUE statement):

a)The will indicates the omission was intentional.
b)One or more siblings is living at the time of the execution of the will, and the will leaves substantially all of the
estate to the omitted child’s parent.
c)there is a transfer outside of the will in lieu of a testamentary gift, such as a trust, life insurance, or joint
tenancy with the child.
d) The child died and left offspring; in that case grandchildren get pretermitted share.

Sandra's questions

17. After a will has been executed, a child is born. The child is entitled to:

a. Rights according to individual state's intestacy laws.
b. An equal share, if it can be shown the testator would
have included the child
c. A & B
d. Only what is declared in the will, if no provision is
made for future children, the assets will be distributed
among those heirs living at the execution of the will

18. In a "Inter-vivos" trust , it is revocable if:

a. The grantor specifies "revocable at will".
b. The grantor deeds all property to the trust but maintains
the power to amend, alter or revoke the trust during his
lifetime
c. The grantor establishes an account to receive income from
the trust's assets.
d. B & C

Mayra's questions

19. A nuncupative will is:
A. a will that is completely in the handwriting of the testor.
B. An oral will made before witnesses
C. Both A and B
D. None of the above

20.  Which of the following are requirements for a valid will:

A. A person who makes out a will.
B. The testator must have testamentary capacity (be a legal age and sound mind at the time the will is made).
C. A will must be in writing
D. Both B and C


Mrs. M.C.'s questions

21. If the intent of the testator’s will is unclear the court reexamines the language used and the circumstances surrounding
the execution of the writing of the will and interprets the will in light of
A. What it should have said.
B. What the court thinks it said.
C. Pertinent rules of construction
D. What the heirs say it should mean

Taken from the case Estate of Klauzer

22. Owing to a clerical error, an insurance company never changed the name of the beneficiary on the policy. What will the
court rule?

A. The beneficiary named will get the money.
B. The will is void.
C. The intention of the testator is good enough.
D. None of the above.

Taken from the case Zeigler v. Cardona

Evalyn's questions

23. Johnny Cochran created a Living Will. He states he would like every lifesaving procedure to be undertaken in a
situation which would result in any form of life. Dr. Korvorkian is Johnny doctor and is looking for the Living Will,
where would he find it?

a. In the Volkswagon Van.
b. O. J. has it.
c. It's inside the missing black glove.
d. It is in the front of Johnny's Medical Records.

24. Don "Clean-Top" Trump executed a will. He states of all of his assests and property 1/2 go to Evonna and 1/3 each will
go to his 3 children. He divorces Evonna and marries Marla. He makes a new will and leaves everything to Marla, but
forgets to specifically revoke the other will. If the express declaration of revocation is missing which will is read and
who gets the money and property.

a. Evonna and the children
b. Marla gets nothing
c. They both have to fight it out in court.
d. If any of the dispositions made in the second will are
inconsistent with the prior will, the second will control.

Mary's questions

25. The person who acquires real property under the terms of a will is known
as:

(A) A devisee
(B) An Administrator
(C) A Testator
(D) An Executor

26. A will in which the signature and the material provisions are in the
handwriting of the maker is called a:

(A) Holographic will
(B) Nuncupative will
(C) Intestate will
(D) Witnessed will

Dennis' questions

27. Each______ regulates by statute how property will be distributed when a person dies intestate.

a) court
b) state
c) executor
d)none of the above

28. Implied trusts are imposed ______, even in the absence of an express trust.

a) half the time
b) all the time
c) sometimes
d) none of the above

Laura's questions

29.Bill is single and dies in a car accident. He has no children. What CA Probate code allows Bills’ parents to inherit
his estate?

a. CA Probate Code §6407
b. CA Probate Code §6402
c. CA Probate Code §220
d. CA Probate Code §6401

30. Requirements of a Will under the Statute of Wills, must be in writing. Penny, a showgirl from a strip dance club,
wrote her will on a wall with her red lipstic. Is this a valid requirement?

a. Yes
b. No
c. Maybe
d. Is not acceptable.