NWCA Wills Trusts Estates Externship Exam
**Question 1.** Which of the following is classified as real property?
A) A car
B) A painting
C) A condominium unit
D) A stock portfolio
Answer: C
Explanation: Real property includes land and anything permanently attached to it, such as a
condominium unit.
**Question 2.** A husband and wife own a home as joint tenants with right of survivorship.
Upon the husband's death, the title automatically passes to:
A) The husband's heirs under intestate law
B) The wife only
C) The estate's executor
D) The state through escheat
Answer: B
Explanation: Joint tenancy with right of survivorship confers automatic transfer of the
deceased’s interest to the surviving joint tenant.
**Question 3.** Which asset typically passes outside of probate?
A) A personal bank account with no beneficiary designation
B) A life insurance policy naming a beneficiary
C) A jointly owned vacation home without survivorship rights
D) A will‑testamentary bequest of personal property
Answer: B
Explanation: Life insurance proceeds paid to a named beneficiary bypass probate and go directly
to that person.
, NWCA Wills Trusts Estates Externship Exam
**Question 4.** The term “testator” refers to:
A) The person who administers an estate
B) The person who creates a will
C) The court judge overseeing probate
D) The beneficiary of a trust
Answer: B
Explanation: A testator is the individual who executes a will.
**Question 5.** In intestate succession, “per stirpes” distribution means:
A) Each branch of the family receives an equal share regardless of the number of descendants.
B) The estate is divided equally among all living descendants.
C) Each child receives an equal share, and any deceased child’s share passes to his/her
descendants.
D) The estate is given entirely to the surviving spouse.
Answer: C
Explanation: Per stirpes allocates a deceased heir’s portion to his or her line of descendants.
**Question 6.** The primary purpose of a will is to:
A) Avoid all taxes on the estate.
B) Ensure assets pass according to the testator’s wishes rather than state default rules.
C) Automatically create a trust for minor children.
D) Transfer real property without recording.
Answer: B
Explanation: A will allows the testator to direct asset distribution, overriding intestate statutes.
, NWCA Wills Trusts Estates Externship Exam
**Question 7.** A surviving spouse’s elective share is designed to:
A) Allow the spouse to inherit the entire estate regardless of the will.
B) Protect the spouse from creditors.
C) Guarantee a statutory portion of the estate even if disinherited.
D) Provide tax benefits to the spouse.
Answer: C
Explanation: The elective share gives a surviving spouse a minimum statutory entitlement,
preventing total disinheritance.
**Question 8.** A child omitted from a will who would have otherwise inherited under
intestate law is called a:
A) Pretermitted child
B) Creditor heir
C) Residual beneficiary
D) Contingent heir
Answer: A
Explanation: Pretermitted children are those unintentionally left out of a will and may claim a
share.
**Question 9.** The legal concept “animus testandi” refers to:
A) The mental capacity to understand a will’s provisions.
B) The intent to make a testamentary disposition.
C) The requirement for witnesses.
D) The requirement for notarization.
Answer: B
Explanation: Animus testandi is the testator’s intent to create a valid will.
, NWCA Wills Trusts Estates Externship Exam
**Question 10.** Which of the following is NOT a required formalities for a valid will in most
jurisdictions?
A) The testator must sign the will.
B) Two disinterested witnesses must sign.
C) The will must be notarized.
D) The testator must have testamentary capacity.
Answer: C
Explanation: Notarization is generally optional; the key formalities are signature, witnesses, and
capacity.
**Question 11.** A codicil is used to:
A) Revoke an existing will entirely.
B) Make minor amendments to an existing will.
C) Transfer real property without probate.
D) Establish a trust.
Answer: B
Explanation: A codicil is a supplemental document that modifies a will without replacing it.
**Question 12.** Which of the following grounds is most likely to succeed in a will contest?
A) The testator’s favorite color was not mentioned.
B) Undue influence by a caregiver.
C) The will was written on a non‑legal form.
D) The executor disagrees with the distribution.
Answer: B
Explanation: Undue influence, showing the testator’s free will was compromised, is a classic
basis for contest.
**Question 1.** Which of the following is classified as real property?
A) A car
B) A painting
C) A condominium unit
D) A stock portfolio
Answer: C
Explanation: Real property includes land and anything permanently attached to it, such as a
condominium unit.
**Question 2.** A husband and wife own a home as joint tenants with right of survivorship.
Upon the husband's death, the title automatically passes to:
A) The husband's heirs under intestate law
B) The wife only
C) The estate's executor
D) The state through escheat
Answer: B
Explanation: Joint tenancy with right of survivorship confers automatic transfer of the
deceased’s interest to the surviving joint tenant.
**Question 3.** Which asset typically passes outside of probate?
A) A personal bank account with no beneficiary designation
B) A life insurance policy naming a beneficiary
C) A jointly owned vacation home without survivorship rights
D) A will‑testamentary bequest of personal property
Answer: B
Explanation: Life insurance proceeds paid to a named beneficiary bypass probate and go directly
to that person.
, NWCA Wills Trusts Estates Externship Exam
**Question 4.** The term “testator” refers to:
A) The person who administers an estate
B) The person who creates a will
C) The court judge overseeing probate
D) The beneficiary of a trust
Answer: B
Explanation: A testator is the individual who executes a will.
**Question 5.** In intestate succession, “per stirpes” distribution means:
A) Each branch of the family receives an equal share regardless of the number of descendants.
B) The estate is divided equally among all living descendants.
C) Each child receives an equal share, and any deceased child’s share passes to his/her
descendants.
D) The estate is given entirely to the surviving spouse.
Answer: C
Explanation: Per stirpes allocates a deceased heir’s portion to his or her line of descendants.
**Question 6.** The primary purpose of a will is to:
A) Avoid all taxes on the estate.
B) Ensure assets pass according to the testator’s wishes rather than state default rules.
C) Automatically create a trust for minor children.
D) Transfer real property without recording.
Answer: B
Explanation: A will allows the testator to direct asset distribution, overriding intestate statutes.
, NWCA Wills Trusts Estates Externship Exam
**Question 7.** A surviving spouse’s elective share is designed to:
A) Allow the spouse to inherit the entire estate regardless of the will.
B) Protect the spouse from creditors.
C) Guarantee a statutory portion of the estate even if disinherited.
D) Provide tax benefits to the spouse.
Answer: C
Explanation: The elective share gives a surviving spouse a minimum statutory entitlement,
preventing total disinheritance.
**Question 8.** A child omitted from a will who would have otherwise inherited under
intestate law is called a:
A) Pretermitted child
B) Creditor heir
C) Residual beneficiary
D) Contingent heir
Answer: A
Explanation: Pretermitted children are those unintentionally left out of a will and may claim a
share.
**Question 9.** The legal concept “animus testandi” refers to:
A) The mental capacity to understand a will’s provisions.
B) The intent to make a testamentary disposition.
C) The requirement for witnesses.
D) The requirement for notarization.
Answer: B
Explanation: Animus testandi is the testator’s intent to create a valid will.
, NWCA Wills Trusts Estates Externship Exam
**Question 10.** Which of the following is NOT a required formalities for a valid will in most
jurisdictions?
A) The testator must sign the will.
B) Two disinterested witnesses must sign.
C) The will must be notarized.
D) The testator must have testamentary capacity.
Answer: C
Explanation: Notarization is generally optional; the key formalities are signature, witnesses, and
capacity.
**Question 11.** A codicil is used to:
A) Revoke an existing will entirely.
B) Make minor amendments to an existing will.
C) Transfer real property without probate.
D) Establish a trust.
Answer: B
Explanation: A codicil is a supplemental document that modifies a will without replacing it.
**Question 12.** Which of the following grounds is most likely to succeed in a will contest?
A) The testator’s favorite color was not mentioned.
B) Undue influence by a caregiver.
C) The will was written on a non‑legal form.
D) The executor disagrees with the distribution.
Answer: B
Explanation: Undue influence, showing the testator’s free will was compromised, is a classic
basis for contest.
