Execution of Wills Quiz

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Questions and Answers

What is the requirement for a will to be considered valid if it incorporates another document?

The document must be explicitly mentioned in the testator's signature.

The document must have been created after the will was made.

The document must have existed at the time the will was created. (correct)

The document must be signed by the witnesses of the will.

Which of the following statements about witness requirements for a will is true?

Witnesses must be told they are witnessing a will.

All witnesses must sign the will in the presence of each other.

A witness can sign for the testator if given direction to do so. (correct)

A will requires three witnesses for validity regardless of jurisdiction.

What determines if an alteration to a will is valid?

It must be made via a separate legal document.

It must be witnessed in the same manner as the original will. (correct)

It can only be made if both witnesses are present.

It must be notarized by a public official.

Which of the following statements about the signature on a will is accurate?

A thumbprint or unfinished signature can be sufficient. (D) Signup and view all the answers

What must be proven if a will lacks an attestation clause?

Evidence must be provided to confirm witnesses' presence. (B) Signup and view all the answers

What must be true for a testator to be presumed to have the mental capacity to make a will?

The testator must have understood the nature of their act, extent of property, and potential beneficiaries. (A) Signup and view all the answers

Which situation would likely render a will invalid due to improper execution?

The will lacks a signature from the testator or their authorized signatory. (A) Signup and view all the answers

Under what condition can a gift in a will to a solicitor drafting the will be considered valid?

Independent legal advice must be sought by the testator. (D) Signup and view all the answers

Which description best defines undue influence in the context of will execution?

Pressure that significantly overwhelms the testator's free will. (B) Signup and view all the answers

What characterizes a will executed under duress?

The will is made out of fear of unreal or imaginary threats. (C) Signup and view all the answers

What is required for a codicil to be validly executed?

It must refer to the original will and be executed like a will. (A) Signup and view all the answers

When is a will automatically revoked upon a significant life event?

If the testator marries after executing the will. (C) Signup and view all the answers

What happens to gifts made in a will after a testator's divorce?

They are treated as if the former spouse had died on the date of the divorce. (C) Signup and view all the answers

What does the doctrine of dependent relative revocation imply?

A destroyed will may still take effect if its destruction was based on contingent events. (B) Signup and view all the answers

What is a defining characteristic of mutual wills?

They require an agreement not to revoke one another. (C) Signup and view all the answers

Which action can lead to the revocation of a will by destruction?

Deliberately burning the will by the testator. (A) Signup and view all the answers

What occurs if a testator's will is found mutilated after their death?

It is presumed to have been mutilated by the testator with intent to revoke. (D) Signup and view all the answers

After executing a will, which event does NOT automatically revoke the will?

Marriage to a particular intended partner specified in the will. (A) Signup and view all the answers

Study Notes

Execution of Wills

A will must be duly executed
A testator is presumed to have the necessary mental capacity to make a will
The nature of their act must have understood
The extent of their property
Who a testator would normally give gifts to
A court may deem a testator to have acted with capacity if the testator didn't have adequate mental capacity at the date of executing the will but had sufficient suspicious circumstances, such as where the will drafter benefits from the will, the gift fails unless evidence of the testator’s knowledge and approval of the gift is offered by the person putting forward the will
If a testator would like to give the solicitor drafting their will a substantial gift in their will, the solicitor should refuse to draft the will including the legacy unless the testator has taken independent advice
A will is made as a consequence of force, fear, fraud, or undue influence, it is not regarded as the act of the testator and is not admitted to probate
A will issued as a result of force or fear of injury is issued under duress; it must be something beyond mere persuasion; it must be something exceeding mere persuasion
In writing
Signed by the testator or someone in the testator's presence whom the testator directed to sign for the testator

Alteration, Amendment, and Revocation of Wills

A will can be amended after it's executed only if the change is witnessed in the same manner in which an entire will is executed.
Generally, unattested alterations are presumed to have been made after execution unless the alterations was just filling in a blank, such as "Terry Testator" being of sound mind

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Description

Test your knowledge about the execution of wills, including the mental capacity of testators, the implications of undue influence, and the requirements for drafting a valid will. This quiz covers essential legal principles surrounding wills and testamentary capacity.