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Probate Law: Recent Developments

Description: This quiz covers recent developments in probate law, including changes to the law governing wills, trusts, and estates.
Number of Questions: 14
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Tags: probate law wills trusts estates
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What is the Uniform Law Commission's (ULC) most recent update to the Uniform Probate Code (UPC)?

  1. 2019

  2. 2017

  3. 2015

  4. 2013


Correct Option: A
Explanation:

The ULC's most recent update to the UPC was in 2019.

Which of the following is NOT a type of trust recognized under the UPC?

  1. Testamentary trust

  2. Living trust

  3. Totten trust

  4. Spendthrift trust


Correct Option: C
Explanation:

Totten trusts are not recognized under the UPC.

What is the minimum age at which a person can create a valid will under the UPC?

  1. 18

  2. 21

  3. 16

  4. 14


Correct Option: A
Explanation:

The minimum age at which a person can create a valid will under the UPC is 18.

What is the doctrine of ademption?

  1. The cancellation or revocation of a will

  2. The satisfaction of a bequest by the testator during his or her lifetime

  3. The distribution of an estate's assets to the testator's heirs

  4. The appointment of an executor or administrator to manage an estate


Correct Option: B
Explanation:

Ademption is the satisfaction of a bequest by the testator during his or her lifetime.

What is the doctrine of lapse?

  1. The failure of a bequest to take effect because the beneficiary dies before the testator

  2. The failure of a bequest to take effect because the testator dies before the beneficiary

  3. The failure of a bequest to take effect because the bequest is void

  4. The failure of a bequest to take effect because the bequest is illegal


Correct Option: A
Explanation:

Lapse is the failure of a bequest to take effect because the beneficiary dies before the testator.

What is the doctrine of election?

  1. The right of a surviving spouse to choose between taking a share of the deceased spouse's estate under the will or taking a share of the estate under the law of intestacy

  2. The right of a child to choose between taking a share of the deceased parent's estate under the will or taking a share of the estate under the law of intestacy

  3. The right of a creditor to choose between taking a share of the deceased debtor's estate under the will or taking a share of the estate under the law of intestacy

  4. The right of an heir to choose between taking a share of the deceased ancestor's estate under the will or taking a share of the estate under the law of intestacy


Correct Option: A
Explanation:

Election is the right of a surviving spouse to choose between taking a share of the deceased spouse's estate under the will or taking a share of the estate under the law of intestacy.

What is the doctrine of abatement?

  1. The reduction of a bequest because the estate is insufficient to pay all of the bequests in full

  2. The increase of a bequest because the estate is larger than anticipated

  3. The cancellation of a bequest because the bequest is void

  4. The distribution of an estate's assets to the testator's heirs


Correct Option: A
Explanation:

Abatement is the reduction of a bequest because the estate is insufficient to pay all of the bequests in full.

What is the doctrine of cy pres?

  1. The application of a bequest to a similar purpose when the original purpose of the bequest is impossible or impractical to carry out

  2. The application of a bequest to a different purpose when the original purpose of the bequest is no longer relevant

  3. The application of a bequest to a different purpose when the original purpose of the bequest is illegal

  4. The application of a bequest to a different purpose when the original purpose of the bequest is void


Correct Option: A
Explanation:

Cy pres is the application of a bequest to a similar purpose when the original purpose of the bequest is impossible or impractical to carry out.

What is the doctrine of worthier title?

  1. The rule that a person cannot devise property to his or her own heirs

  2. The rule that a person cannot devise property to his or her own children

  3. The rule that a person cannot devise property to his or her own grandchildren

  4. The rule that a person cannot devise property to his or her own great-grandchildren


Correct Option: A
Explanation:

Worthier title is the rule that a person cannot devise property to his or her own heirs.

What is the doctrine of merger?

  1. The combination of two or more estates into a single estate

  2. The division of an estate into two or more estates

  3. The termination of an estate

  4. The distribution of an estate's assets to the testator's heirs


Correct Option: A
Explanation:

Merger is the combination of two or more estates into a single estate.

What is the doctrine of acceleration?

  1. The moving up of the time at which a remainder interest vests

  2. The moving up of the time at which a life estate terminates

  3. The moving up of the time at which a reversionary interest vests

  4. The moving up of the time at which a fee simple absolute interest vests


Correct Option: A
Explanation:

Acceleration is the moving up of the time at which a remainder interest vests.

What is the doctrine of equitable conversion?

  1. The principle that a contract for the sale of land is treated as a conveyance of the land for the purpose of determining the rights of the parties

  2. The principle that a devise of land is treated as a conveyance of the land for the purpose of determining the rights of the parties

  3. The principle that a bequest of money is treated as a conveyance of the land for the purpose of determining the rights of the parties

  4. The principle that a gift of land is treated as a conveyance of the land for the purpose of determining the rights of the parties


Correct Option: A
Explanation:

Equitable conversion is the principle that a contract for the sale of land is treated as a conveyance of the land for the purpose of determining the rights of the parties.

What is the doctrine of resulting trust?

  1. A trust that arises when a person transfers property to another person without specifying the purpose of the transfer

  2. A trust that arises when a person transfers property to another person for an illegal purpose

  3. A trust that arises when a person transfers property to another person for a void purpose

  4. A trust that arises when a person transfers property to another person for an impossible purpose


Correct Option: A
Explanation:

A resulting trust arises when a person transfers property to another person without specifying the purpose of the transfer.

What is the doctrine of constructive trust?

  1. A trust that arises when a person acquires property through fraud, duress, or undue influence

  2. A trust that arises when a person acquires property through a mistake

  3. A trust that arises when a person acquires property through an illegal act

  4. A trust that arises when a person acquires property through a void act


Correct Option: A
Explanation:

A constructive trust arises when a person acquires property through fraud, duress, or undue influence.

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