Delaware Wills and Trusts Practice Test

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• Which of the following statements about wills is true?
• How does Delaware treat joint tenancy with rights of survivorship?
• What is the primary focus of intestacy law?
• What type of trust is revocable and can be terminated by the trustor?
• What is a requirement for a testator to be considered of sound mind?
• What may occur to a trust besides termination if there are no living beneficiaries?
• For a trust to be valid, what must the intent of the trustor demonstrate?
• What is one type of damage a beneficiary may recover for a trustee's breach of trust?
• Which of the following describes a trustee's duty of care?
• Who can serve as a trustee in Delaware?
• What constitutes the "testamentary capacity"?
• What is the main function of a living trust?
• Which duty requires the trustee to balance the interests of income and remainder beneficiaries?
• Which of the following is NOT subject to the 110-year rule against perpetuities?
• What is the significance of a pour-over will?
• In the case of surviving issue, with some not being the children of the surviving spouse, what does the spouse receive?
• Can a minor inherit under a will in Delaware?
• If there are siblings of the decedent, how do they inherit if there is no surviving spouse?
• Which document must be executed to initiate the probate process in Delaware?
• What is the arrangement under which the trustee holds legal title to property for the benefit of the beneficiaries?
• In Delaware, what is the age of majority for executing a will?
• Which type of trust provides care for an animal or supports noncharitable purposes?
• What does a spendthrift provision in a trust prevent a beneficiary from doing?
• What describes a disinterested person in relation to trust creation?
• If a beneficiary receives a report that does not disclose any claims, what is their alternative option of action?
• What does a pour-over will do?
• In an intestacy scenario, who has the priority of claim to the decedent's estate?
• What is the term for the extinction or withdrawal of an inheritance because the decedent did not own the property at the time of death?
• What is a key benefit of utilizing a living trust?
• What is required to create a valid trust in Delaware?
• What does dependent relative revocation allow a court to do?
• If a testator divorces after executing their will, what is the effect on provisions made for the former spouse?
• Which of the following is a capacity requirement to create a valid will in Delaware?
• Which of the following is NOT an element of undue influence in relation to wills?
• Which of the following describes the Delaware rule for "sound and disposing mind and memory" in regard to capacity?
• What document governs a testamentary trust?
• What type of trust is generally used as a remedial device against injustice?
• When should a will be updated?
• What does "funding" a trust mean?
• How long does a surviving spouse have to file an election for an elective share of an estate with the Court of Chancery?
• What is the relationship between intestacy law and probate estate?
• Which type of trust allows the trustor to maintain control during their lifetime?
• What is the term for the creator of a trust?
• How long do creditors have from the date of death to file a claim against the estate?
• Under what circumstance does the burden of proof shift to the will proponent in Delaware?
• What defines a revocable trust?
• Which of the following methods allows a testator to revoke a will in Delaware?
• What is the role of a beneficiary in a trust?
• Can foreign wills be probated in Delaware?
• What is the nature of a resulting trust?
• What is the first step after a testator's death?
• What is the role of a successor trustee?
• What is the primary difference between a will and a trust?
• Which method can be used to revoke a will in Delaware?
• What conditions might justify a court modifying a trust?
• What role does a personal representative play in estate administration?
• What constitutes a confidential relationship that allows a will contestant to shift the burden of proof?
• In trust law, what does a breach of trust generally indicate?
• Which statement best describes a revocable trust?
• What is the purpose of a power of attorney in estate planning?
• What is the minimum age requirement to write a will in Delaware?
• In Delaware, what is essential for a testamentary trust to be valid?
• What is meant by "per stirpes" in intestate succession?
• What is one of the primary duties of a trustee?
• Is extrinsic evidence permissible in Delaware to prove mistakes in a will?
• What is the role of a guardian in the context of trusts and estates?
• What happens when a person marries after making a will and is not provided for in the will?
• What aspect does a trustee NOT have the power to do?
• How can a will express funeral arrangements?
• What does "capacity" refer to in the context of wills?
• What characteristic describes a constructive trust?
• What must a will do to incorporate a trust?
• How can a codicil effectively revoke a will?
• What is the role of an executor in a will?
• An estate’s personal representative may need to compensate which parties during the probate process?
• How soon must a personal representative file an inventory of all estate assets after being granted letters?
• What is a testamentary trust?
• What happens to a trust if all beneficiaries are deceased?
• Which type of trust is created by a court when an express trust fails?
• What are the three essential requirements for an effective revocation of a will?
• What authority does a probate court have in Delaware?
• What is the primary purpose of an advanced healthcare directive?
• What intention must a testator manifest when incorporating another document into a will?
• What legal document is typically involved in a trust?
• What is the role of the guardian in Delaware estates?
• What is the definition of intestacy?
• What type of trust is established during the trustor's lifetime?
• What is an irrevocable trust?
• When is a transfer considered an advancement of an inheritance?
• If there are surviving issue who are all children of the surviving spouse, what does the spouse receive at intestate?
• What is the duty of loyalty for a trustee?
• What is a pour-over will?
• Duration of trusts may be altered by which of the following provisions?
• What happens if a beneficiary of a will predeceases the testator?
• What does the term 'formalities' refer to in the context of creating a trust?
• When does the six-month period for petitioning the court for review of a will begin?
• What does the duty of loyalty require a trustee to avoid?
• The spendthrift provision in trust law serves which primary purpose?
• What type of trust is automatically created upon the execution of a will?
• What does "probate" refer to?
• Must the two witnesses see the testator sign the will?
• What is a special needs trust?
• What must a trustee avoid to fulfill their duty of loyalty?
• Why are special needs trusts important?
• What is typically included in a trust document?
• What does "self-dealing" refer to in the context of a trust?
• Under what condition might a holographic will be invalid in Delaware?
• Under what condition can a child born out of wedlock be considered a child of the father?
• What is an "inter vivos" trust?
• Which of the following is NOT typically a reason to establish a trust?
• Which factor does not establish a presumption of capacity in a will contest?
• Which of the following trusts can be irrevocable?
• In order to establish undue influence, what must the result demonstrate?
• What is a "testator"?
• When can a trust be contested in Delaware?
• Which party is typically responsible for managing a trust?
• What does "undue influence" mean in the context of wills and trusts?
• What are the requirements for a valid will in Delaware?
• What are the two statutory methods in Delaware to contest or request a review of a will?
• Which of the following is a common reason for a will to be contested?
• How long do interested persons have to petition for review by the Court of Chancery after proof of the will?
• How must a trustee fulfill the duty of separation of assets?
• What is required for a will to refer to a separate written list of tangible personal property?
• What final action must be fulfilled in a codicil to revoke a will?
• In terms of trust management, what is the significance of the 'corpus'?
• What type of trust is created to benefit public welfare or community needs?
• If there is no surviving spouse, what is the first step in the intestate succession chain?
• What is the minimum elective share a surviving spouse is entitled to claim in Delaware?
• What is a "charitable trust"?
• Must the testator see the two witnesses sign the will?
• What duty does a trustee owe to the beneficiaries of a trust?
• What is the legal structure created pursuant to a trust instrument that involves managing property for profit?
• What type of trust is commonly used for Medicaid planning?
• When there are inconsistencies between a will and a codicil, which document controls?
• What is an express trust?
• What does "fiduciary duty" entail for trustees?
• What are the required elements for the creation of express trusts?
• Which of the following best describes the role of a trustee in a statutory business trust?
• What document establishes the intentions of a decedent regarding the distribution of their estate?
• What must be true for a document to be incorporated by reference into a will?
• What is a “distributive share”?
• How is a child born out of wedlock typically treated in terms of inheritance from the mother?
• Which statute provides for substitute beneficiaries to prevent a lapsed gift?
• What is a "trustee" in Delaware?
• Which of the following is NOT included as a type of recovery for a trustee's breach of trust?
• How can a trust be terminated under Delaware law?
• Which of the following is NOT a requirement for a valid will in Delaware?
• What happens to a trust's assets if the grantor passes away while the trust is still revocable?
• How often must a trustee file an accounting to fulfill their duty to account?
• What is the timeframe within which a beneficiary may bring an action after receiving a report disclosing a claim?
• What is one of the main duties of a trustee?
• Who is responsible for ensuring that a will properly follows legal requirements in Delaware?
• Can a trust have multiple beneficiaries?
• Within how many days must a personal representative file a notice of any action affecting the title to real estate after an action is filed?
• What must happen before a will can be proved in court?
• What is the term for the decedent's gross estate for federal estate tax purposes including property owned with right of survivorship?
• What characteristic distinguishes a statutory business trust from other business forms?
• What does a will typically specify about distribution of assets?
• What is required for a trust to be deemed valid in Delaware?
• Can a will be holographic (handwritten) in Delaware?
• What is the first element of undue influence that must be established by the contestant?
• If a second will is executed and later canceled before the testator's death, what is the status of the first will?
• A spendthrift clause in a trust makes the trust indefinite in duration. What term best describes this characteristic?
• What is the maximum duration for a personal representative to post notice regarding the estate?
• What happens to assets placed in a trust upon the grantor's death?
• What type of trust is created by a will and activated upon the death of the testator?
• Which of the following is NOT a requirement for a written list of personal property to be valid in a will?
• Can a trust be created for pets in Delaware?
• What is the primary purpose of a will?
• What do we call it when someone gives away their belongings while still living?
• What must be proven by clear and convincing evidence to challenge the validity of a will?
• What kind of trust clause ensures that beneficiaries cannot access their interests until certain conditions are met?
• Under Delaware law, what is required for a will to be considered valid?
• What is necessary for a will to be considered valid in Delaware?
• Which of the following is NOT a requirement for administering an estate by "Small Estate Affidavit" in Delaware?
• What happens if a will and a codicil contain inconsistent provisions?
• What is the term for a supplement to the body of a will, representing a later addition?
• Who has the authority to challenge a will in Delaware?
• Under the Slayer's Act, what is the fate of a person who wrongfully kills an individual from whom they would inherit?
• A beneficiary may sue the trustee for damages after finding out about a breach of trust. What must they do first?
• What portion of an estate does a surviving spouse receive if there are issue that are not theirs?
• How can one challenge a trust's validity?
• What effect does a no-contest clause have in a will?
• Which trust does not require definite beneficiaries to be created?
• Which term refers to a petition made to challenge a will in order to prevent it from being probated?
• Who holds legal title to the property in a trust and has a fiduciary duty?
• Which of the following accurately describes a pretermitted spouse?
• What is the "spousal elective share" in Delaware?
• If a decedent has no surviving issue or parents, what does the spouse receive under intestacy?
• What is a no-contest clause?
• What is a primary feature of a revocable living trust?
• What is the Delaware statute of limitations for contesting a will?
• Which term refers to the ascertainable property that is transferred to the trustee for management?
• In Delaware, who generally inherits a deceased person's estate if there is no will?
• Which term describes a trust that is created under constraints set by state law?
• What type of trust avoids probate?
• What must the will proponent prove when the burden shifts due to a challenge on the will?
• What are "discretionary distributions" in a trust?
• What type of trust is created and has operative effect during the trustor's life but can be revoked or terminated?
• When there is no surviving issue but at least one parent is alive, what does the spouse take at intestate?
• Can oral wills be valid in Delaware?
• Which element is NOT typically required for the establishment of an express trust?
• Which of the following is a requirement for a valid will in Delaware?
• What type of trust takes effect at the trustor's death?