DET Grant Practice Test

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• In the abatement process, which class is last to abate?
• Under UPC anti-lapse provisions, if the predeceased beneficiary has no descendants, what happens to the lapsed gift?
• Under the traditional rule, ________ devises abate first, then _________ devises, then ______ and ______ devises.
• What standard of evidence is required to reform a governing instrument to reflect the transferor's intention when there was a mistake?
• In the context of spendthrift trusts, involuntary alienation refers to outcomes due to what?
• Which statement accurately reflects the current law on delegating investment decisions by a trustee?
• Which policy is associated with posthumous conception inheritance?
• If the will represents the wrongdoer's intent, what does that indicate?
• What term describes the process of combining the decedent’s estate with advancements to compute equal shares?
• 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?
• Under what condition can L reveal the substance of H's request to W?
• 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 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?
• Do holographic wills require a witness?
• What conditions must be met for the Slayer Rule to apply?
• In most jurisdictions, how are creditors treated regarding discretionary trusts?
• 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?
• In a will contest, which factor is least relevant in proving undue influence by a caregiver who stands to benefit?
• Is delivery to the beneficiary required for trust property to exist?
• Under common law, if a general devise lapses, does the gift pass to intestacy?
• Does T's investment strategy reveal a breach of the trustee's duty of impartiality between X and Y?
• Under the Slayer Rule, can H inherit from W if H killed W and a civil trial finds H liable for W’s death?
• Can an irrevocable trust be modified by an agreement among the trustees and the beneficiaries?
• If a trust document fails to name a trustee, what will the court typically do?
• What are the most common requirements for a valid will?
• A trustee sells Blackacre to himself in his capacity as trustee. Which statement best describes the transaction?
• Under antilapse, if a predeceased beneficiary leaves no descendants, does their share typically pass to the beneficiary's spouse?
• 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?
• 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?
• 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?
• 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
• If a later will is revoked with the intent to revive an earlier will, which will controls the disposition of the estate?
• If a testator's will includes survivorship language, will anti-lapse statutes typically apply to avoid the lapse?
• What standard does the civil trial apply to determine felonious and intentional killing for slayer rule purposes?
• What is the definition of the intent to create a trust?
• In a declaration where a person signs as trustee and the assets are to be held for a beneficiary, what is the result?
• 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?
• What is the purpose of a self-proving affidavit in a will?
• Can Y pursue trust assets to satisfy his judgment against X when X is the beneficiary of a spendthrift trust?
• 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”?
• Which item is NOT typically part of the capacity test for a valid will?
• 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?
• For a posthumously conceived child to be an heir of the predeceased parent under some states, what important condition is often required?
• Even with sole and absolute discretion to distribute income and principal, a trustee's discretion is bounded by what principle?
• Which statement is true about extrinsic evidence in determining a decedent's donative intent?
• Which statement correctly describes posthumous conception and inheritance when consent is at issue?
• Under the most common rule, which scenario best demonstrates when a no-contest clause is not enforced?
• What happens if you forget to name a valid trustee?
• Regarding the no-further-inquiry rule, what is the effect on a trustee who enters into a self-dealing transaction?
• What is the typical effect of a spendthrift provision in a trust?
• Under professional rules, if H asks L to disclose H's information to W, what must L do?
• 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?
• What is the typical aim of a spendthrift provision?
• Which statement best describes the difference between common law lapse rules and UPC anti-lapse provisions?
• In a testamentary spendthrift trust, who serves as the trustee in the example?
• Does the presence of survivorship language in a will require extrinsic evidence to determine the testator's intent?
• A will can be revoked by physical act, such as destroying, tearing, or crossing out, only if it is accompanied by which element?
• Under the intent theory of ademption, what outcome is possible when a specifically devised asset is destroyed before death and no replacement is provided?
• In a majority-rule jurisdiction, does anti-lapse apply to class gifts where a member predeceased and left descendants?
• 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?
• If the predeceased beneficiary has no descendants, what happens to the lapsed gift under UPC?
• Traditionally, many courts that follow the plain meaning rule would not admit extrinsic evidence to resolve patent ambiguities.
• 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?
• The modern prudent investor rule endorses diversification as a tool for managing risk and return. In this context, investing only in government bonds and cash deposits would likely be viewed as what?
• In the described scenario with a will that leaves all property to X, but nonprobate devices named to Z, which asset does X receive?
• The term natural objects of bounty refers to which group?
• Which fact would best bolster Y's argument that T breached the trustee's duty of impartiality between X and Y?
• In the arrangement where O signs 'O, as trustee of the O Trust' and opens a bank account, which describes the legal effect?
• Is merely knowing that you are signing a will sufficient to meet the capacity standard?
• 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?
• What is the key requirement stated by some jurisdictions for posthumous conception to be recognized for inheritance purposes?
• Which argument supports admitting extrinsic evidence to resolve ambiguity in a will when the dispositive language is unclear?
• Is beneficiary agreement a basis for modifying any provision in an irrevocable trust?
• What is required to create a trust?
• What disposition would a court likely make regarding a posthumously conceived child’s status as an heir in some jurisdictions?
• What is a specific devise?
• Which statement about capacity with respect to age or frailty is accurate?
• Testamentary Trust
• Which statement about signing a will during a moment of lucidity is accurate?
• 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?
• Under antilapse, a predeceased beneficiary who leaves a descendant will have that descendant take the predeceased share.
• A new will that substitutes the alleged wrongdoer for a prior devisee may tend to show what?
• Is agreement by beneficiaries for removal sufficient under the UPC?
• Which statement correctly describes the essential elements needed to create a trust?
• 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 of the following is commonly required for testamentary capacity?
• Which statement correctly describes whether a will can affect nonprobate devices at death?
• When is a notary required in a will?
• What are holographic will requirements?
• Under the majority rule, which statement best describes how a revocable trust may be terminated?
• 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?
• No-contest provisions in wills are commonly not enforced so long as the contesting party has:
• 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?
• 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?
• Disclaimers provide that the disclaimed share is treated as if the disclaiming heir __________.
• Year one will with a line crossed out to X: which describes legal effect?
• Which statement best describes the Conscious Presence Test for will execution?
• Which statement best captures a trustee's duties when delegating trust responsibilities?
• Disclaimer of a share in an intestate estate results in the disclaimed share being distributed as though the disclaiming heir predeceased the decedent.
• H is accused of killing W; In civil wrongful death case, the court finds felonious and intentional killing; Can H inherit from W?
• 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?
• Which term describes a trust in which the trustee may distribute income and principal as the trustee deems advisable?
• Adjudication of incapacity involves a different legal test than capacity to will.
• Which statement best describes spendthrift clauses?
• What two elements must be shown under UPC to reform a will for a mistake?
• Conditioning a devise on termination of a marriage is generally considered:
• Do some jurisdictions permit partial revocation of a will by physical act?
• 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?
• What type of trust is described by terms that allow distributions to the beneficiary only at the trustee's discretion?
• Which assets are nonprobate devices and typically pass outside the will?
• 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?
• Which type of devise is a fixed amount paid from a named source?
• 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?
• Traditional trust law prohibited delegating investment functions, but modern trust law has what stance?
• Which statement is true about anti-lapse and survivorship language?
• 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?
• In the 'flag colors' example, what is the legal effect of using external actions to designate property to a child?
• Which type of devise is a fixed amount of cash payable from a designated fund, not tied to a particular asset?
• What must be proven to establish lack of testamentary capacity at the time of execution?
• Which statement about advancement is true?
• 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?
• Which statement best describes how property titled as joint tenants with right of survivorship passes at death?
• Was a trust properly created by the April 1, 2015 email gift of the painting?
• 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 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 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?
• Under a majority-rule purging statute, how is an interested witness evaluated?
• For posthumous inheritance, which condition is crucial?
• Under some pretermitted-child statutes, afterborn children not referenced in a will may be entitled to a share, except when
• If general devises total $1,000,000 and assets are $800,000, what percentage will each general devise receive?
• Approximately how many states enforce no-contest clauses as written?
• What standard governs proving lack of testamentary capacity at the time of execution?
• In a majority-rule jurisdiction, Ernestine's probate estate will be distributed to whom?
• Which statement about spendthrift trust transfer restrictions is true?
• In the self-dealing scenario, what rule prevents a court from accepting fairness as a defense?
• Which element is typically required to make a will self-proving?
• In majority rule jurisdictions, who bears the burden of proving lack of testamentary capacity?
• In many jurisdictions, will a third-party trust be subject to creditors of the beneficiary?
• 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?
• Under the modern prudent investor rule, what is the focus of investment strategy?
• If a testator destroys a later will intending to revive an earlier will, which instrument governs the distribution?
• What is the primary asset of the S Trust?
• Devises within a class abate pro rata.
• In an intestate estate valued at $800,000, with a $100,000 pre-death gift to X considered an advancement, how should the estate be distributed?
• A testator intends N as trustee; N has no fiduciary experience. What is best guidance regarding N's legal responsibilities and delegation?
• Which element defines undue influence?
• In the S Trust example, the modification to allow distributions to Y would be consistent with which doctrine?
• 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?
• Is there a requirement that a trustee invest in a specific asset class?
• Under the Uniform Trust Code (UTC), which conditions allow removal of a trustee?
• What type of ambiguity is present in the phrase 'one million dollars ($100,000)'?
• Irrevocable trusts ______ be modified without the consent of the settlor pursuant to either the Equitable Deviation Doctrine or the Claflin doctrine.
• 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?
• The clause 'anyone who contests this will is to receive $100'—which is the most accurate statement about its enforceability?
• What is the general rule for revoking a revocable trust when the trust instrument does not specify an exclusive method?
• Disclaimed shares pass to those who would take if the disclaiming heir __________. Fill in the blank.
• 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?
• In a case where the last person known to possess the will dies and the will cannot be found, what is the presumption?
• What is the primary purpose of anti-lapse statutes?
• What is the general rule about wills and nonprobate property: a will cannot affect nonprobate property; nonprobate transfers pass outside probate?
• During the execution conference, what should L ask T to identify?
• A lawyer represents two clients with potential conflicts; which ABA Model Rules address confidentiality and communication?
• Which statement correctly describes the Line of Sight Test for will execution?
• Delivery of trust property to the beneficiary is required to create a trust.
• At X's death, to whom is the remaining trust principal distributed?
• Under the UPC, removal requires a replacement trustee be available. Why is this requirement included?
• Under the UPC’s Slayer Rule, may the killer’s issue take when relevant?
• Do anti-lapse statutes distribute a predeceased beneficiary's share to her estate?
• In a civil trial applying the Slayer Rule, what standard of proof is used to determine whether the killer wrongfully killed the decedent?
• In the S Trust, who is entitled to all net income during X's lifetime?
• Under majority rule, the determination of whether a bank account with a survivor co-signer is a probate asset depends on what factor?
• 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?
• 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 some jurisdictions, what additional requirement might apply to a holographic will beyond being handwritten and signed?
• 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 Uniform Simultaneous Death Act, which statement is true?
• Under the general rule, a will can dispose of which type of property?
• If a will does not provide guidance on abatement, which class abates last?
• What primarily determines survivorship rights in a joint bank account?
• 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?
• 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?
• Does the UPC allow a will w/o an ambiguity to be corrected for mistake?
• What do pretermitted heirs statutes protect?
• What must be shown to prove undue influence?
• Spendthrift provisions prevent which forms of alienation?
• Is it ethically permissible for a lawyer to represent both spouses in estate planning if both consent?
• Does enforcement of a no-contest clause depend on the type of challenge?
• 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?
• Undue influence cases turn on what type of evidence?
• Which statement best describes why a clause conditioning a devise on termination of a marriage is void?
• If the investment function is delegated to an investment professional, is that allowed?
• In states that address posthumous conception, what condition is commonly required for posthumously conceived children to be treated as heirs?
• 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?
• Under the Claflin doctrine, when may an irrevocable trust be modified or terminated?
• Which of the following is sufficient to create an inter vivos trust?
• Is there a requirement that trust portfolios must include a generous percentage of stocks to achieve capital growth for remainder beneficiaries?
• 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?
• Under a majority-rule jurisdiction, when a later will is revoked with the intent of reviving the prior will, what is the effect?
• Under intestacy rules when a surviving spouse and descendants exist, how is the remainder distributed after setting aside the spouse’s share?
• What is the requirement for naming a successor trustee?
• What are 'suspicious circumstances' in undue influence cases?
• What is the effect of a will having been admitted to probate on capacity challenges?
• Can the settlor be the sole beneficiary of a trust?
• Does a trust have to be witnessed?
• Undue influence is defined as unfair and improper persuasive pressure within a relationship of trust.
• 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:
• The 'S Trust' involves sole discretion; which statement is true about the trustee's discretionary powers?
• Under the UPC, can a trustee be removed without a serious breach if all beneficiaries want removal and a suitable replacement is available?
• Which is NOT typically required for a valid will?
• What does the identity theory of ademption state?
• 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?
• In the doctrine of acts of independent significance, actions outside the will must have what?
• Under majority-rule purging, which statement correctly describes how an advancement is treated in hotchpot and distribution?
• What must the attorney do when representing two clients with potential conflicts of interest but with written informed consent from both?
• Are children conceived before but born after the father’s death treated as children for intestacy purposes in all jurisdictions?
• In a majority-rule jurisdiction, do anti-lapse statutes apply to class gifts?
• Who is named as the trustee in the S Trust?
• Can the settlor be the trustee?
• Can the beneficiary of a spendthrift trust voluntarily transfer her interest?
• Does a failure to invest in a diverse range of assets necessarily favor one beneficiary over the other?
• In analyzing undue influence, which statement best describes the relevance of a prior will that favors a different beneficiary?
• A will prepared from a downloaded form, signed by testator with two witnesses, no self-proving affidavit: is the will validly executed?
• What are the most common requirements for a valid will?
• Under common law, if a general devise lapses, where does the gift go?