CLA/CP Exam CLA/CP Estate Planning and Probate 1 — Questions and Answers
Question 1: In estate distribution, what does the term 'per stirpes' mean?
- Each surviving beneficiary receives an equal share of the entire estate
- A deceased beneficiary's share passes proportionally to their descendants (Correct answer)
- The estate is divided equally among all heirs alive at the time of distribution
- Distribution priority is determined by the age of each beneficiary
Correct answer: A deceased beneficiary's share passes proportionally to their descendants
Per stirpes (Latin for 'by the roots') means that if a beneficiary predeceases the testator, that beneficiary's share passes down to their lineal descendants in equal shares, rather than being redistributed among the surviving beneficiaries.
Question 2: Which of the following is a distinguishing characteristic of a holographic will?
- It must be witnessed by two disinterested parties and notarized
- It is executed in the presence of an attorney to ensure validity
- It is entirely handwritten and signed by the testator, with no witness requirement in states that recognize it (Correct answer)
- It requires advance court approval before it takes effect
Correct answer: It is entirely handwritten and signed by the testator, with no witness requirement in states that recognize it
A holographic will is one written entirely in the testator's own handwriting and signed by the testator. In jurisdictions that recognize holographic wills, witness signatures are not required, which distinguishes it from a formally attested will.
Question 3: What are 'letters testamentary' in the probate process?
- Written personal instructions the testator leaves for family members alongside the will
- Court-issued documents that authorize the personal representative to act on behalf of the decedent's estate (Correct answer)
- Formal creditor notices required to be published in a local newspaper
- Legal instruments used to formally revoke a previously executed will
Correct answer: Court-issued documents that authorize the personal representative to act on behalf of the decedent's estate
Letters testamentary are official documents issued by the probate court upon admission of the will, granting the named executor (personal representative) the legal authority to collect assets, pay debts, and distribute the estate.
Question 4: What is the doctrine of 'ademption' in estate law?
- The court-ordered reduction of all bequests when the estate cannot satisfy every legacy in full
- The failure of a specific bequest because the bequeathed property no longer exists in the testator's estate at death (Correct answer)
- The automatic transfer of property into a living trust upon the testator's incapacity
- The surviving spouse's statutory right to elect against the will and claim a share of the estate
Correct answer: The failure of a specific bequest because the bequeathed property no longer exists in the testator's estate at death
Ademption occurs when specifically bequeathed property has been sold, destroyed, or otherwise disposed of before the testator's death, causing that particular gift to fail. The beneficiary generally receives nothing in its place unless the will or statute provides otherwise.
Question 5: What is the primary function of a pour-over will?
- To distribute all probate assets equally among the testator's surviving heirs at law
- To appoint a guardian and conservator for any minor children of the testator
- To direct that any assets outside the trust at the testator's death be transferred into a pre-existing revocable living trust (Correct answer)
- To create a brand-new testamentary trust funded entirely through the probate process
Correct answer: To direct that any assets outside the trust at the testator's death be transferred into a pre-existing revocable living trust
A pour-over will acts as a safety net alongside a revocable living trust. Any assets the testator forgot to transfer into the trust during life are 'poured over' into the trust at death via the will, ensuring a unified administration and distribution plan.
Question 6: Which of the following is NOT one of the traditional four elements required to establish testamentary capacity?
- Understanding the nature and consequences of making a will
- Knowing the nature and approximate extent of one's property
- Obtaining written approval of the will's terms from the primary beneficiaries (Correct answer)
- Recognizing the natural objects of one's bounty, such as close family members
Correct answer: Obtaining written approval of the will's terms from the primary beneficiaries
Testamentary capacity requires that the testator (1) understand the nature of making a will, (2) know the general extent of their property, (3) recognize the natural objects of their bounty, and (4) understand how these elements relate to form a plan of distribution. Beneficiary approval is not a legal requirement and would undermine the testator's autonomy.
CLA/CP Exam CLA/CP Estate Planning and Probate 1
In estate distribution, what does the term 'per stirpes' mean?