DET Grant Practice Test

These questions are part of the practice quiz. Start practicing

• What is a specific devise?
• Undue influence cases turn on what type of evidence?
• Is it ethically permissible for a lawyer to represent both spouses in estate planning if both consent?
• Under UPC provisions on reformation to correct mistakes, what is the strongest argument against allowing F's extrinsic evidence to override the dispositive provision in a will that originally leaves everything to a spouse who has since died?
• What is the primary purpose of anti-lapse statutes?
• Which fact would best bolster Y's argument that T breached the trustee's duty of impartiality between X and Y?
• In the fact pattern where H's will in year one leaves everything to W if she survives him, and W later gives birth to twins Y and Z, which statement is most accurate across jurisdictions when H dies with the year-one will intact?
• What two elements must be shown under UPC to reform a will for a mistake?
• During the execution conference, what should L ask T to identify?
• Is agreement by beneficiaries for removal sufficient under the UPC?
• Which item is NOT typically part of the capacity test for a valid will?
• A testator intends N as trustee; N has no fiduciary experience. What is best guidance regarding N's legal responsibilities and delegation?
• Was a trust properly created by the April 1, 2015 email gift of the painting?
• Under UPC anti-lapse, if a predeceased beneficiary has descendants, who takes the lapsed gift when survivorship language is present but there is no other indication of intent?
• Does enforcement of a no-contest clause depend on the type of challenge?
• If a testator's will cannot be found at death and the testator was the last known custodian, what is the presumption about revocation under the majority rule?
• Under the UPC’s Slayer Rule, may the killer’s issue take when relevant?
• Which doctrine allows modification of administrative and distributive provisions when changed circumstances unanticipated by the settlor would defeat or substantially impair the trust's purposes?
• Approximately how many states enforce no-contest clauses as written?
• Under antilapse, a predeceased beneficiary who leaves a descendant will have that descendant take the predeceased share.
• Under what condition can L reveal the substance of H's request to W?
• If a testator's will includes survivorship language, will anti-lapse statutes typically apply to avoid the lapse?
• Is there a requirement that a trustee invest in a specific asset class?
• In a civil trial applying the Slayer Rule, what standard of proof is used to determine whether the killer wrongfully killed the decedent?
• For a posthumously conceived child to be an heir of the predeceased parent under some states, what important condition is often required?
• If F disclaims all of his interest in an intestate estate, and the heirs are E, F, and G, who will receive the probate estate?
• In the described scenario with a will that leaves all property to X, but nonprobate devices named to Z, which asset does X receive?
• Y sues X and obtains a judgment against X; X has a discretionary trust for X's benefit; Under the majority rule, can Y proceed against X's interest to satisfy the judgment?
• Can an irrevocable trust be modified by an agreement among the trustees and the beneficiaries?
• In some jurisdictions, what additional requirement might apply to a holographic will beyond being handwritten and signed?
• A trustee sells Blackacre to himself in his capacity as trustee. Which statement best describes the transaction?
• Under the Uniform Probate Code, pretermitted children do not receive a share if the will devises all of the estate to the other parent of all surviving children and that parent survives. This statement is:
• What is the general rule for revoking a revocable trust when the trust instrument does not specify an exclusive method?
• If a later will is revoked with the intent to revive an earlier will, which will controls the disposition of the estate?
• Under UPC, can a court reform a will, even if it is unambiguous, if there is clear and convincing evidence both of the testator's intention at the time of execution and that the will was affected by a mistake of fact or law?
• Do holographic wills require a witness?
• If the investment function is delegated to an investment professional, is that allowed?
• Under majority-rule purging, which statement correctly describes how an advancement is treated in hotchpot and distribution?
• What is the key requirement stated by some jurisdictions for posthumous conception to be recognized for inheritance purposes?
• Which statement about capacity with respect to age or frailty is accurate?
• In a S Trust scenario, if Y objects that T should invest in assets with more growth potential, does Y have a case for violation of the prudent investor rule?
• When is a notary required in a will?
• Which statement correctly describes the Line of Sight Test for will execution?
• What is the effect of a will having been admitted to probate on capacity challenges?
• For posthumous inheritance, which condition is crucial?
• Elements of a Spendthrift Trust: In order for a trust to be spendthrift, a provision in the trust instrument must prevent the trust beneficiaries from 1) transferring their interest in the trust (voluntary alienation) and 2) must prohibit trust beneficiaries' creditors from reaching the trust assets (involuntary alienation). Which statement best describes this requirement?
• Does a trust have to be witnessed?
• Regarding the no-further-inquiry rule, what is the effect on a trustee who enters into a self-dealing transaction?
• Under majority-rule purging, in an intestate estate of 800,000 with three children X, Y, and Z, an advancement of 100,000 to X was made before death. How much does each child receive?
• What standard governs proving lack of testamentary capacity at the time of execution?
• In the context of spendthrift trusts, involuntary alienation refers to outcomes due to what?
• In analyzing undue influence, which statement best describes the relevance of a prior will that favors a different beneficiary?
• In the S Trust, who is entitled to all net income during X's lifetime?
• In a case where H dies intestate, and a child Y is born after H's death due to his banked sperm, what is the strongest legal argument for Y's share?
• Under majority rule, the determination of whether a bank account with a survivor co-signer is a probate asset depends on what factor?
• Is beneficiary agreement a basis for modifying any provision in an irrevocable trust?
• At X's death, to whom is the remaining trust principal distributed?
• Which statement about advancement is true?
• What do pretermitted heirs statutes protect?
• Under the majority rule, which statement best describes how a revocable trust may be terminated?
• Which statement best describes the difference between common law lapse rules and UPC anti-lapse provisions?
• A lawyer represents two clients with potential conflicts; which ABA Model Rules address confidentiality and communication?
• Which statement about signing a will during a moment of lucidity is accurate?
• Even with sole and absolute discretion to distribute income and principal, a trustee's discretion is bounded by what principle?
• A will can be revoked by physical act, such as destroying, tearing, or crossing out, only if it is accompanied by which element?
• What are the most common requirements for a valid will?
• If general devises total $1,000,000 and assets are $800,000, what percentage will each general devise receive?
• Traditionally, many courts that follow the plain meaning rule would not admit extrinsic evidence to resolve patent ambiguities.
• Does T's investment strategy reveal a breach of the trustee's duty of impartiality between X and Y?
• Which statement best captures a trustee's duties when delegating trust responsibilities?
• The term natural objects of bounty refers to which group?
• What term describes the process of combining the decedent’s estate with advancements to compute equal shares?
• In a majority-rule jurisdiction, does anti-lapse apply to class gifts where a member predeceased and left descendants?
• What is the requirement for naming a successor trustee?
• In the S Trust example, the modification to allow distributions to Y would be consistent with which doctrine?
• If the predeceased beneficiary has no descendants, what happens to the lapsed gift under UPC?
• In a majority-rule jurisdiction, do anti-lapse statutes apply to class gifts?
• Disclaimers provide that the disclaimed share is treated as if the disclaiming heir __________.
• A will prepared from a downloaded form, signed by testator with two witnesses, no self-proving affidavit: is the will validly executed?
• Disclaimed shares pass to those who would take if the disclaiming heir __________. Fill in the blank.
• Under some pretermitted-child statutes, afterborn children not referenced in a will may be entitled to a share, except when
• S writes on the back of a lottery ticket: 'This is my will...'. Can this be probated if holographic wills are recognized in S's state?
• Under common law, if a general devise lapses, where does the gift go?
• Irrevocable trusts ______ be modified without the consent of the settlor pursuant to either the Equitable Deviation Doctrine or the Claflin doctrine.
• In a testamentary spendthrift trust, who serves as the trustee in the example?
• In the doctrine of acts of independent significance, actions outside the will must have what?
• A new will that substitutes the alleged wrongdoer for a prior devisee may tend to show what?
• Which statement correctly describes the essential elements needed to create a trust?
• The trust language states that X's income is to be distributed for X's health and support in reasonable comfort for X's lifetime, with remainder to Y. If T refuses to invest in equities because of 'reasonable comfort' for X, what is the potential issue?
• Was the will validly executed if the testator briefly left the room but could hear the witnesses sign, and the jurisdiction recognizes the conscious presence test?
• If a will does not provide guidance on abatement, which class abates last?
• What are the most common requirements for a valid will?
• In a case where the last person known to possess the will dies and the will cannot be found, what is the presumption?
• Under the current Uniform Simultaneous Death Act, who inherits if the decedent dies on July 1 and the husband dies on July 7, more than 5 days later?
• Which argument supports admitting extrinsic evidence to resolve ambiguity in a will when the dispositive language is unclear?
• What type of ambiguity is present in the phrase 'one million dollars ($100,000)'?
• Which assets are nonprobate devices and typically pass outside the will?
• What is the typical effect of a spendthrift provision in a trust?
• In T's will leaves $100,000 to X, $100,000 to Y, and $800,000 to Z. The residuary estate goes to X. The probate assets total $800,000. How are the bequests satisfied?
• Which statement is true about extrinsic evidence in determining a decedent's donative intent?
• Under the Slayer Rule, can H inherit from W if H killed W and a civil trial finds H liable for W’s death?
• In the arrangement where O signs 'O, as trustee of the O Trust' and opens a bank account, which describes the legal effect?
• In a majority-rule jurisdiction, if T's residuary estate to 'my nieces,' with E and F alive; G predeceased leaving X; H predeceased with no descendants, how will residuary be distributed?
• Which is NOT typically required for a valid will?
• A clause that conditions a devise on the termination of a marriage is void as contrary to public policy because it tends to encourage divorce. Which statement is most accurate?
• What is the effect of admitting a will to probate on capacity challenges?
• If a testator's will leaves $100,000 to a nephew and the remainder to two children, and one of the witnesses is the testator's daughter who would otherwise benefit, how is the probate estate distributed under the purging statute?
• Under the intent theory of ademption, what outcome is possible when a specifically devised asset is destroyed before death and no replacement is provided?
• If the will drafted by L exists only as a photocopy and the original cannot be found after X's death, what is the likely result?
• Traditional trust law prohibited delegating investment functions, but modern trust law has what stance?
• Which policy is associated with posthumous conception inheritance?
• Which element is typically required to make a will self-proving?
• Under the majority-rule purging statute, if a witness would benefit under the will more than they would receive under intestacy, what happens to that gift?
• In a will contest, which factor is least relevant in proving undue influence by a caregiver who stands to benefit?
• Delivery of trust property to the beneficiary is required to create a trust.
• In the described scenario where a codicil to the will specifically devises the leather sofa to Z, what happens to the leather sofa given that the will otherwise leaves all property to X?
• If the will represents the wrongdoer's intent, what does that indicate?
• Under professional rules, if H asks L to disclose H's information to W, what must L do?
• Can the settlor be the trustee?
• Disclaimer of a share in an intestate estate results in the disclaimed share being distributed as though the disclaiming heir predeceased the decedent.
• In a majority-rule jurisdiction, Ernestine's probate estate will be distributed to whom?
• What does the identity theory of ademption state?
• Year one will with a line crossed out to X: which describes legal effect?
• What disposition would a court likely make regarding a posthumously conceived child’s status as an heir in some jurisdictions?
• Under the Uniform Simultaneous Death Act, which statement is true?
• Decedent dies intestate survived by wife M and two minor children F and G, with M pregnant by a third child H. Assuming H is born alive, how will the descendants’ portion be distributed after setting aside the spouse’s share?
• Decedent dies intestate; wife M and two minor children F and G; At death, M pregnant with third child H; After setting aside a share for surviving spouse, how will the descendants' portion be distributed if H is born alive?
• Under UPC anti-lapse provisions, if the predeceased beneficiary has no descendants, what happens to the lapsed gift?
• No-contest provisions in wills are commonly not enforced so long as the contesting party has:
• What primarily determines survivorship rights in a joint bank account?
• In majority rule jurisdictions, who bears the burden of proving lack of testamentary capacity?
• What is the legal effect of a will provision that ties the disposition of property to an outside action, such as erecting color-coded flags on parcels?
• What must be proven to establish lack of testamentary capacity at the time of execution?
• Under the most common rule, which scenario best demonstrates when a no-contest clause is not enforced?
• In many jurisdictions, will a third-party trust be subject to creditors of the beneficiary?
• What must the attorney do when representing two clients with potential conflicts of interest but with written informed consent from both?
• What conditions must be met for the Slayer Rule to apply?
• Under antilapse, if a predeceased beneficiary leaves no descendants, does their share typically pass to the beneficiary's spouse?
• Can the settlor be the sole beneficiary of a trust?
• Which statement about spendthrift trust transfer restrictions is true?
• Under common law, if a general devise lapses, does the gift pass to intestacy?
• Which element defines undue influence?
• Which statement best describes how property titled as joint tenants with right of survivorship passes at death?
• Are children conceived before but born after the father’s death treated as children for intestacy purposes in all jurisdictions?
• If a trust document fails to name a trustee, what will the court typically do?
• Under the rule of advancement, if a decedent dies intestate with an estate of 600,000 and makes an advancement of 150,000 to A, with heirs A, B, C, what are the shares?
• The XYZ trust contains the following dispositive provisions: 'to the full extent allowed by applicable law, the interest of any beneficiary in the income and principal of this trust shall be free from the control or interference of any creditor of the beneficiary or of any spouse of a married beneficiary. Such interest shall not be subject to attachment or susceptible to anticipation or alienation.' Based solely on these provisions, this trust would most accurately be described as
• Which type of ambiguity arises when the language of a will is clear on its face but refers to a misdescribed person or property?
• Under a majority-rule jurisdiction, when a later will is revoked with the intent of reviving the prior will, what is the effect?
• Under the Uniform Trust Code (UTC), which conditions allow removal of a trustee?
• Does the presence of survivorship language in a will require extrinsic evidence to determine the testator's intent?
• Under the UPC, can a trustee be removed without a serious breach if all beneficiaries want removal and a suitable replacement is available?
• Conditioning a devise on termination of a marriage is generally considered:
• What standard of evidence is required to reform a governing instrument to reflect the transferor's intention when there was a mistake?
• What is the primary asset of the S Trust?
• Can Y pursue trust assets to satisfy his judgment against X when X is the beneficiary of a spendthrift trust?
• Which of the following is commonly required for testamentary capacity?
• Do anti-lapse statutes distribute a predeceased beneficiary's share to her estate?
• Which term describes a trust in which the trustee may distribute income and principal as the trustee deems advisable?
• In the self-dealing scenario, what rule prevents a court from accepting fairness as a defense?
• What is required to create a trust?
• Which statement accurately reflects the current law on delegating investment decisions by a trustee?
• What is the definition of the intent to create a trust?
• Adjudication of incapacity involves a different legal test than capacity to will.
• Which statement correctly describes whether a will can affect nonprobate devices at death?
• In the 'flag colors' example, what is the legal effect of using external actions to designate property to a child?
• In most jurisdictions, how are creditors treated regarding discretionary trusts?
• Who is named as the trustee in the S Trust?
• Which statement is true about anti-lapse and survivorship language?
• Spendthrift provisions prevent which forms of alienation?
• Is there a requirement that trust portfolios must include a generous percentage of stocks to achieve capital growth for remainder beneficiaries?
• Under the modern prudent investor rule, what is the focus of investment strategy?
• Does the UPC allow a will w/o an ambiguity to be corrected for mistake?
• In states that address posthumous conception, what condition is commonly required for posthumously conceived children to be treated as heirs?
• What are holographic will requirements?
• What happens if you forget to name a valid trustee?
• Testamentary Trust
• If a will devises the residuary estate to 'the trustee of the trust created under this will' but omits naming a trustee, what is the effect?
• Does a failure to invest in a diverse range of assets necessarily favor one beneficiary over the other?
• The dispositive clause states the trustee shall distribute all of the net income of the trust to X for X's lifetime. What does this language indicate about X's entitlement?
• Under the Uniform Simultaneous Death Act, if decedent dies on July 1 and spouse dies on July 7 (more than five days later), to whom will the decedent’s intestate estate be distributed?
• In a scenario where a testator dies after a divorce, leaving the entire probate estate to a girlfriend and omitting his minor children, what share do the minor children typically receive under most jurisdictions?
• What is the typical aim of a spendthrift provision?
• What must be shown to prove undue influence?
• In a S Trust where X is to receive income for X's lifetime, and Y is remainder; if T's conservative strategy causes lack of diversification, does Y have a case under the prudent investor rule?
• In a majority-rule jurisdiction, if a will gives “to S, if S survives me,” and S predeceases leaving descendants, who receives the $100,000?
• What is the purpose of a self-proving affidavit in a will?
• Is delivery to the beneficiary required for trust property to exist?
• Which of the following is sufficient to create an inter vivos trust?
• What standard does the civil trial apply to determine felonious and intentional killing for slayer rule purposes?
• Under the traditional rule, ________ devises abate first, then _________ devises, then ______ and ______ devises.
• If a testator destroys a later will intending to revive an earlier will, which instrument governs the distribution?
• What are 'suspicious circumstances' in undue influence cases?
• Which statement best describes spendthrift clauses?
• Can the beneficiary of a spendthrift trust voluntarily transfer her interest?
• Is merely knowing that you are signing a will sufficient to meet the capacity standard?
• Under intestacy rules when a surviving spouse and descendants exist, how is the remainder distributed after setting aside the spouse’s share?
• Under the Claflin doctrine, when may an irrevocable trust be modified or terminated?
• S creates a testamentary spendthrift trust for the support of her children and the education of her grandchildren, naming T as the trustee. If XYZ stock becomes a poor investment due to unforeseen change, which is T's best option to divest?
• Under the UPC, removal requires a replacement trustee be available. Why is this requirement included?
• Which type of devise is a fixed amount paid from a named source?
• Would the following clause be enforced: “in event my son H is still married to a person who is not Jewish at my death, he shall forfeit his share”?
• Do some jurisdictions permit partial revocation of a will by physical act?
• The clause 'anyone who contests this will is to receive $100'—which is the most accurate statement about its enforceability?
• The 'S Trust' involves sole discretion; which statement is true about the trustee's discretionary powers?
• In a declaration where a person signs as trustee and the assets are to be held for a beneficiary, what is the result?
• A person writes on the back of a lottery ticket: “This is my will. I give all of my property to X.” Can this document be probated as a holographic will if the state recognizes holographic wills?
• Under the current Uniform Simultaneous Death Act, if the decedent dies on July 1 and the spouse dies July 7 (more than 5 days later), who inherits the decedent's intestate estate?
• Which statement best describes why a clause conditioning a devise on termination of a marriage is void?
• Under a majority-rule purging statute, how is an interested witness evaluated?
• What type of trust is described by terms that allow distributions to the beneficiary only at the trustee's discretion?
• A testator's will provides that if his son is still married to a person not of the Jewish faith at his death, the son forfeits his share; Will the language be respected?
• If a testator physically crosses out a bequest in a later will with intent to revoke that bequest, what is the effect in jurisdictions that recognize partial revocation by physical act?
• Which type of devise is a fixed amount of cash payable from a designated fund, not tied to a particular asset?
• Under the general rule, a will can dispose of which type of property?
• H is accused of killing W; In civil wrongful death case, the court finds felonious and intentional killing; Can H inherit from W?
• Which statement best describes the Conscious Presence Test for will execution?
• Under UPC anti-lapse, when X predeceased testator and has descendants J and K who survive, who takes the $100,000 gift that would have passed to X?