Chapter 19 Quiz: Wills And Trusts

To create a will, one must have the intention to make a will, testamentary capacity, and the will must be signed and witnessed by two people who aren't inheritors. However, speaking aloud to a judge is not a requirement for creating a will. The process of creating a will typically involves writing down the wishes and signing it in the presence of witnesses, but it does not involve speaking aloud to a judge.

When a person dies without a will, they are referred to as intestate. This means that they have not designated how their assets and belongings should be distributed after their death. Intestate succession laws then come into play, determining how the person's estate will be divided among their heirs. The term "intestate" is commonly used in legal and estate planning contexts to describe someone who has not made a valid will.

A codicil is a legal term referring to an amendment made to a will. It allows the testator (the person making the will) to make changes or additions to their existing will without having to create an entirely new document. A codicil is a formal and legally binding document that must meet specific requirements to be valid. It is commonly used when the testator wants to update beneficiaries, make changes to bequests, or add new provisions to their will. Therefore, the correct answer to the question is "Codicil."

The correct answer is when the maker dies. A will is a legal document that outlines how a person's assets and possessions should be distributed after their death. It only takes effect and becomes legally binding upon the death of the person who made the will. Until that time, the maker of the will has the ability to make changes or revoke it entirely.

A will should be changed after divorce, marriage, and the birth or adoption of a child because these events can significantly impact the distribution of assets and beneficiaries. However, illness typically does not directly affect the distribution of assets or beneficiaries, unless it leads to incapacitation or changes in mental capacity. Therefore, illness is the exception and does not necessitate a change in the will.

The ways to prove death typically involve providing official documents or evidence. A death certificate is a legal document that confirms someone's death, while official notification from the armed forces is given when a person dies in military service. Additionally, if a person vanishes for over five years, it is often considered as evidence of their death. However, showing the weapon they were killed with is not a typical way to prove death, as it may not always be available or conclusive evidence.

A settlor is the correct answer because they are the person who creates a trust by transferring their assets into it. The settlor is responsible for establishing the terms and conditions of the trust and designating the beneficiaries who will benefit from it. The settlor's role is crucial in the creation and administration of a trust.

A nuncupative will refers to a completely oral will, which is made verbally rather than in writing. This type of will is typically used in emergency situations when the testator is unable to create a written will. It is often required to have witnesses present during the creation of a nuncupative will, and it may have limitations on the types of assets that can be included.

All of the options mentioned in the question (resulting trust, constructive trust, and all of the above) are types of implied trusts. However, a testamentary trust is not an implied trust. It is a trust that is created through a will and comes into effect after the death of the testator. Unlike implied trusts, which are created by operation of law, a testamentary trust is intentionally established by the testator's will.

Adopting a child is not a way to revoke a will. Revoking a will typically involves actions such as defacing it or writing a revocation document. Asking for a will to be revoked would require the consent of the testator, but it is not a direct method of revocation. Adopting a child does not have any direct impact on the revocation of a will. Therefore, the correct answer is "Asking for it to be revoked."