WILLS- Chapter 4 Practice Questions: Validity Requirements, Modification, Revocation and Contests 1. A presumption of undue influence may be raised if a contestant shows that: A confidential relationship did not allow the alleged influencer an opportunity to control the testamentary act. The alleged influencer will not unduly profit as a beneficiary. The testator was not in a sickened or weakened condition when the will was executed. The alleged influencer actively participated in preparing the will. 2. Which is NOT an example of revocation by a physical act? The testator tears the will in half. A person shreds a will upon the testator's instructions in the presence of witnesses. A person uses a pen to cross out all clauses of a will, despite the testator's objections. The testator burns the will. Indicate whether the statement is true or false. 3. In states that allow nuncupative wills, the testator does not have to be legally capable of making a written will. True False Indicate the answer choice that best completes the statement or answers the question. 4. Which of the following indicates that a testator lacks mental capacity? The testator has a low level of intelligence or suffers from a mental illness or senility. The testator does not remember the persons who are the "natural objects of his or her bounty." The testator suffers from insane delusions. The testator is neglectful of his/her person and makes a will containing eccentricities. 5. Which is NOT an example of revocation by subsequent writing? The testator crosses out all clauses of the will with a pen. A single testator writes a new will. The testator adds a codicil to the will. An engaged testator writes a new will prior to marriage. Indicate whether the statement is true or false. 6. Once executed, a will can be revoked only by changing it or writing an entirely new will. True False 7. Which is NOT a way to accomplish revocation? By physical act By subsequent writing By operation of law By intent 8. If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice, the attorney should: Direct another attorney in the firm to draft the will Ensure that the gift is the major asset of the estate Draft the will as requested Fully disclose the code of conduct to the client 9. Which is NOT a requirement for the creation of a valid will? The beneficiary must be legally and mentally capable. The testator or a person other than the testator must sign the will or make some other written mark. The will must be signed by witnesses. The testator must intend that a document be his/her last will. Indicate whether the statement is true or false. 10. Creditors can generally contest a will. True False 11. Any will is open to a will contest, even if the maker of the will fulfills all requirements for a valid will. True False 12. The most common method of creating a will today is by video recording. True False Indicate the answer choice that best completes the statement or answers the question. 13. Which witness to the execution of a will is LEAST likely to have a conflict of interest? Nonbeneficiary associate of the testator Paralegal working with the attorney who drafts the will Attorney who drafts the will Beneficiary of the will 14. Witnesses to the execution of a will must do all of the following EXCEPT: Witness the testator's signature or witness the acknowledgment of the signature Sign at the bottom of the will Sign in the presence of the testator Sign in the presence of one another 15. Which constitutes grounds for contesting a will? The will has been revoked. The will has been properly executed. The testator was uninfluenced by fraud to write or change the will. The will is free of contradictions.