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FL Wills, Trusts & Estates Specialist study materials
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FL Wills, Trusts & Estates Specialist practice questions

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Question 1Wills and Estate Planning

Under Florida law, a will must be signed by the testator and attested by how many witnesses in the presence of each other and the testator?

  1. Two Correct answer.
  2. One
  3. Three
  4. Four

Explanation

Florida Statutes section 732.502 requires the testator's signature and the signatures of at least two attesting witnesses, who must sign in the presence of the testator and of each other. A single witness or a witness signing outside the presence of the other witnesses renders the will invalid.

Question 2Wills and Estate Planning

Which type of will does Florida law authorize that is written entirely in the testator's own handwriting and requires no witnesses?

  1. Holographic will Correct answer.
  2. Living will
  3. Codicil
  4. Nuncupative will

Explanation

Florida recognizes a holographic will only when it is entirely in the testator's handwriting and signed by the testator, with no witnesses required under section 732.502(2). A printed or typed document with handwritten entries does not qualify.

Question 3Wills and Estate Planning

A testator's will devises a specific parcel of real property to a friend but the testator sells that parcel before death. What is the legal effect of the specific devise?

  1. The beneficiary receives the sale proceeds
  2. The beneficiary may select substitute property of equal value
  3. The devise passes to the residuary beneficiaries by intestacy
  4. It is adeemed and the beneficiary takes nothing Correct answer.

Explanation

When specifically devised property is no longer in the estate at death, the doctrine of ademption by extinction applies and the specific devise fails. The beneficiary ordinarily receives nothing, and the sale proceeds pass with the residue or per the will's terms.

Question 4Wills and Estate Planning

A testator executes a will in 2020 and later executes a second will in 2023 that is silent about the first will. What is the effect on the 2020 will?

  1. The 2023 will is void because it does not expressly revoke the prior will
  2. The two wills are read together as one instrument
  3. The 2020 will remains fully effective
  4. The 2023 will revokes the 2020 will by inconsistency Correct answer.

Explanation

A later will revokes an earlier will to the extent of any inconsistency, and a complete later will that disposes of the entire estate effectively revokes the prior one. Express revocation language is not required for this implied revocation.

Question 5Wills and Estate Planning

In Florida, what is the minimum age a person must reach to make a valid will?

  1. Any age if emancipated
  2. 21
  3. 18 Correct answer.
  4. 16

Explanation

Under Florida law a testator must be at least 18 years old and of sound mind. Emancipation does not lower the testamentary age below 18 in Florida.

Question 6Wills and Estate Planning

A will contains a clause leaving the testator's entire estate to the testator's spouse, and a child born after the will's execution survives the testator. What is the child's likely entitlement under Florida's pretermitted child statute?

  1. An intestate share of the estate unless the omission was intentional Correct answer.
  2. Nothing, because the will disinherits all afterborn children
  3. The entire estate, displacing the spouse
  4. Only a homestead interest

Explanation

Florida's pretermitted child statute gives an afterborn or omitted child an intestate share unless the will shows an intentional omission or the child was provided for otherwise. The share is measured as if the testator died intestate as to that child.

Question 7Wills and Estate Planning

Which of the following best describes a revocable living trust's principal advantage over a will in Florida probate avoidance?

  1. It automatically disinherits omitted heirs
  2. It removes the need for any witnesses
  3. It eliminates all estate taxes
  4. Assets titled in the trust pass outside probate administration Correct answer.

Explanation

Property properly titled in a revocable living trust passes to the successor trustee and beneficiaries without probate administration. The trust does not by itself eliminate estate taxes or eliminate will formalities for other assets.

Question 8Wills and Estate Planning

A testator names a friend as personal representative in a will. The friend is a Florida resident but is not related to the testator. Which statement is correct?

  1. A nonresident friend may serve without restriction
  2. Only a Florida attorney may serve
  3. A nonrelative who is a Florida resident may serve as personal representative Correct answer.
  4. Only a spouse or close relative may serve

Explanation

Florida allows a qualified person to serve as personal representative, and residency plus relationship rules apply mainly to nonresidents. A Florida-resident nonrelative who is otherwise qualified may serve.

Question 9Wills and Estate Planning

What is the effect of a valid codicil on an existing will?

  1. It modifies the will and republishes it as of the codicil's date Correct answer.
  2. It replaces the will entirely
  3. It suspends the will until probate
  4. It has no legal effect unless witnessed by three people

Explanation

A codicil amends specific provisions of a will and republishes the will as of the codicil's execution date. It must be executed with the same formalities as a will.

Question 10Wills and Estate Planning

A testator signs a will but one witness signs after the testator's death. What is the likely result in Florida?

  1. The will is valid if a notary acknowledges the signature
  2. The will is invalid because witnesses must sign before the testator's death Correct answer.
  3. The will is valid because witnesses may sign at any time
  4. The will is valid only if the witness is disinterested

Explanation

Witnesses must attest at the time of execution, in the presence of the testator and each other. A witness signing after the testator's death fails the contemporaneous attestation requirement.

Question 11Wills and Estate Planning

A testator leaves a life estate in the family home to a spouse with the remainder to the children. What interest do the children hold during the spouse's life?

  1. A fee simple absolute now
  2. A contingent reversion
  3. A tenancy in common with the spouse
  4. A vested remainder subject to the life estate Correct answer.

Explanation

A remainder follows a prior estate and is vested when the holder is ascertained and ready to take on the life tenant's death. The children hold a vested remainder subject to the spouse's life estate.

Question 12Wills and Estate Planning

Which Florida statute governs the elective share available to a surviving spouse who is omitted from a will?

  1. Section 744.101 of the Florida Statutes
  2. Section 736.0101 of the Florida Statutes
  3. Section 733.101 of the Florida Statutes
  4. Section 732.201 of the Florida Statutes Correct answer.

Explanation

The elective share is codified in Florida Statutes section 732.201 and following, which allow a surviving spouse to elect a statutory share of the elective estate. The other cited sections govern probate administration, trust code, and guardianship.

Question 13Wills and Estate Planning

A beneficiary under a will is also one of the two attesting witnesses. What is the consequence under Florida law?

  1. The witness-beneficiary takes double the legacy
  2. The witness-beneficiary forfeits the legacy unless there are two other disinterested witnesses Correct answer.
  3. The entire will is void
  4. The legacy is valid without limitation

Explanation

Florida's interested witness statute voids a legacy to an attesting witness unless there are at least two other disinterested witnesses to the will. The will itself remains valid; only the interested witness's gift is affected.

Question 14Wills and Estate Planning

Which of the following is a valid method of revoking a Florida will?

  1. Executing a new will that is unacknowledged
  2. Placing the will in a safe deposit box
  3. Burning, tearing, or canceling the will with intent to revoke Correct answer.
  4. Telling the personal representative orally

Explanation

A will may be revoked by a subsequent will or codicil, or by a physical act such as burning, tearing, or canceling with intent to revoke. Oral statements to a personal representative do not revoke a will.

Question 15Wills and Estate Planning

A testator's will leaves the residue to "my children" but the testator later adopts a stepchild. What is the adopted child's status regarding the residuary gift?

  1. The adopted child is included as a child for the residuary gift Correct answer.
  2. The adopted child is excluded because adoption occurred later
  3. The adopted child shares only the homestead
  4. The adopted child takes only if named by full name

Explanation

Under Florida law an adopted child is treated as a child of the adopting parent for testamentary purposes, including class gifts to children. A later adoption generally brings the child within the class unless the will clearly states otherwise.

Question 16Wills and Estate Planning

What is the primary purpose of a Florida durable power of attorney?

  1. To transfer probate assets at death
  2. To serve as a will substitute for all property
  3. To appoint a guardian for minor children
  4. To authorize an agent to manage financial affairs despite the principal's later incapacity Correct answer.

Explanation

A durable power of attorney remains effective when the principal becomes incapacitated, allowing the agent to manage financial matters. It is not a testamentary instrument and does not transfer probate assets at death.

Question 17Wills and Estate Planning

A testator with capacity is subjected to undue influence by a caregiver who is present throughout the drafting and signing. What is the likely ground for challenging the will?

  1. Failure to publish the will
  2. Undue influence Correct answer.
  3. Lack of testamentary capacity
  4. Improper attestation clause

Explanation

Undue influence involves overpersuasion that substitutes the influencer's intent for the testator's, often shown by a confidential relationship and active procurement. Capacity may exist even where undue influence is present.

Question 18Wills and Estate Planning

Which of the following best describes the doctrine of dependent relative revocation?

  1. A revoked will may be revived when the revocation was conditioned on a new will that fails Correct answer.
  2. A will becomes effective only after a waiting period
  3. A trust must be funded before it is valid
  4. A beneficiary must survive the testator by 30 days

Explanation

Dependent relative revocation revives an earlier will when the testator revoked it intending to make a new will that is not validly executed. The doctrine assumes the revocation was conditional on the new instrument taking effect.

Question 19Wills and Estate Planning

A Florida homestead is devised by will to a person other than the surviving spouse or minor child. What is the likely constitutional consequence?

  1. The devise is ineffective as to the protected family members Correct answer.
  2. The devise is fully effective regardless of family
  3. The property escheats to the state
  4. The devise becomes a life estate only

Explanation

Article X, section 4 of the Florida Constitution limits devise of homestead where a surviving spouse or minor child exists. A devise that defeats those protections is ineffective to that extent, and the protected interests prevail.

Question 20Wills and Estate Planning

What is the effect of a will that is entirely typewritten but signed by the testator and two witnesses?

  1. It is valid only if a notary also signs
  2. It is a valid attested will if execution formalities are met Correct answer.
  3. It is a nuncupative will
  4. It is invalid because it is not holographic

Explanation

A typewritten will is valid as an attested will when signed by the testator and two witnesses in the required manner. Holographic status is not required for validity.

Question 21Wills and Estate Planning

A testator's will leaves a specific gift of a car to a friend, but the car is destroyed in a fire before death. What is the effect?

  1. The friend may choose another vehicle
  2. The gift passes to the residuary beneficiary by intestacy
  3. The specific devise is adeemed and the friend takes nothing Correct answer.
  4. The friend receives insurance proceeds automatically

Explanation

Ademption by extinction applies when the specifically devised property no longer exists at death, and the gift fails. Insurance proceeds do not substitute unless the will so provides.

Question 22Wills and Estate Planning

Which of the following is required for a valid Florida will under the self-proving affidavit procedure?

  1. The testator and witnesses sign a sworn affidavit before a notary Correct answer.
  2. The will must be filed with the court before death
  3. The testator must read the will aloud
  4. The witnesses must be attorneys

Explanation

A self-proving affidavit allows the testator and witnesses to swear to the will's execution before a notary, streamlining probate. It supplements, but does not replace, the underlying execution formalities.

Question 23Wills and Estate Planning

A testator creates a trust that becomes irrevocable at death and names a bank as trustee. Which duty requires the trustee to provide beneficiaries with information about the trust?

  1. The duty to diversify
  2. The duty to inform and account Correct answer.
  3. The duty of loyalty
  4. The duty of impartiality

Explanation

The duty to inform and account requires the trustee to keep qualified beneficiaries reasonably informed and to provide accountings on request. Loyalty, diversification, and impartiality are distinct fiduciary duties.

Question 24Wills and Estate Planning

What is the effect of a will that is properly executed but later found in the testator's home with the testator's signature torn off?

  1. The will remains fully valid and enforceable
  2. The will is automatically probated as a copy
  3. A presumption of revocation may arise, subject to rebuttal Correct answer.
  4. The will passes to the state

Explanation

Physical alteration of a will, such as tearing the signature, can raise a presumption of revocation by physical act. The proponent may rebut the presumption with evidence of the testator's intent.

Question 25Wills and Estate Planning

Which of the following describes a testamentary trust created in a will?

  1. A trust that takes effect at the testator's death under the will's terms Correct answer.
  2. A trust that avoids all probate
  3. A trust funded during the testator's lifetime
  4. A trust created by court order

Explanation

A testamentary trust is created within a will and comes into existence when the will is probated and the testator dies. It differs from an inter vivos trust funded during life.

Question 26Wills and Estate Planning

Under Florida law, which of the following persons is disqualified from serving as a witness to a will?

  1. A person who is under the age of 18 at the time of attestation Correct answer.
  2. A person who is not a resident of Florida
  3. A person who is related to the testator by marriage
  4. A person who is a beneficiary under the will

Explanation

Florida requires that attesting witnesses be competent, and a minor lacks the legal capacity to serve as a witness to a will. A beneficiary may serve as a witness, though the gift may be affected under the interested-witness rule. Neither nonresidence nor a family relationship disqualifies a witness.

Question 27Wills and Estate Planning

A testator executes a valid Florida will in 2018. In 2021 the testator crosses out a specific bequest of jewelry and initials the change. What is the effect of this alteration on that bequest?

  1. The bequest is revoked because the testator intended the cancellation
  2. The alteration is effective only if a witness also initials the change
  3. The alteration is ineffective unless re-executed with the formalities of a will Correct answer.
  4. The bequest passes to the residuary beneficiary by operation of law

Explanation

Under Florida law, a will cannot be altered by interlineation, cancellation, or other physical marking after execution; such changes require re-execution with testamentary formalities or a codicil. The original language of the will therefore controls the canceled bequest.

Question 28Wills and Estate Planning

A testator's will devises the residue to 'my sister, if she survives me.' The sister predeceases the testator, leaving two children. Under the Florida anti-lapse statute, what happens to the residuary gift?

  1. The gift passes to the sister's surviving issue if they are kindred of the testator Correct answer.
  2. The gift passes to the personal representative to distribute at discretion
  3. The gift passes to the sister's estate because the condition failed
  4. The gift lapses and passes through intestacy to the testator's heirs

Explanation

Florida's anti-lapse statute saves a lapsed devise to a grandparent or descendant of a grandparent of the testator by passing it to that beneficiary's surviving issue. Because the sister is the testator's kindred within the protected class, her children take the gift.

Question 29Wills and Estate Planning

Which of the following best describes the doctrine of ademption by extinction as applied to a specific devise of real property?

  1. The devise is enforced against the testator's estate at the property's date-of-death value
  2. The devise passes to the residuary beneficiary if the specific devisee predeceases
  3. The devise is reduced by the amount of any mortgage on the property
  4. The devise fails if the property is sold or otherwise no longer owned at death Correct answer.

Explanation

Ademption by extinction occurs when specifically devised property is not in the testator's estate at death, causing the gift to fail. Florida follows the identity approach, looking at whether the specific property remains rather than the testator's intent.

Question 30Wills and Estate Planning

A testator wants to leave a life estate in a vacation home to a companion, with the remainder to the testator's nephew. Which statement correctly describes the companion's interest?

  1. The companion holds a term of years estate expiring in twenty years
  2. The companion holds a life estate measured by the companion's own life Correct answer.
  3. The companion holds a fee simple subject to the nephew's executory interest
  4. The companion holds a joint tenancy with the nephew

Explanation

A life estate created by will for a named individual is ordinarily measured by that person's life, giving the companion a possessory interest for life. The nephew holds the remainder, which becomes possessory when the life estate ends.

Question 31Wills and Estate Planning

A testator executes a will leaving everything to a charity. The testator's surviving spouse elects against the will. Which of the following is the most accurate statement about the elective share in Florida?

  1. The spouse may elect only if the will omits the spouse entirely
  2. The spouse is entitled to a fixed one-half share regardless of the marriage's duration
  3. The spouse's elective share is a percentage of the elective estate that varies with the length of the marriage Correct answer.
  4. The spouse must prove the will was procured by undue influence to elect

Explanation

Florida's elective share is a sliding percentage of the elective estate, ranging from 30 percent for marriages under a specified duration up to 50 percent for longer marriages. The share depends on the length of the marriage, not on whether the spouse was omitted.

Question 32Wills and Estate Planning

A Florida resident dies intestate survived by a spouse and two children from that marriage. How is the intestate estate distributed under Florida's intestacy statute?

  1. The spouse takes the first $60,000 plus one-half of the balance, and the children share the remainder
  2. The entire estate passes to the surviving spouse Correct answer.
  3. The spouse takes one-half and the children share one-half
  4. The estate is divided equally among the spouse and the two children

Explanation

When the decedent is survived by a spouse and descendants who are also the spouse's descendants, Florida law gives the entire intestate estate to the surviving spouse. The children take nothing in that scenario.

Question 33Wills and Estate Planning

Which of the following is required for a valid Florida will that is signed by the testator's proxy at the testator's direction?

  1. The proxy must sign in the testator's presence and at the testator's direction Correct answer.
  2. The proxy must be an attorney licensed in Florida
  3. The proxy must be one of the two attesting witnesses
  4. The proxy must have a power of attorney authorizing will execution

Explanation

Florida permits the testator's signature to be made by another person in the testator's presence and at the testator's direction. The proxy need not be an attorney, a witness, or hold a power of attorney.

Question 34Wills and Estate Planning

A testator executes a valid will that includes a self-proving affidavit. Years later the testator moves to another state. What is the principal practical benefit of the self-proving affidavit in Florida?

  1. It makes the will immune from later revocation
  2. It permits probate without the testimony of the attesting witnesses Correct answer.
  3. It allows the will to take effect during the testator's lifetime
  4. It converts the will into a testamentary trust

Explanation

A self-proving affidavit allows the will to be admitted to probate without requiring the attesting witnesses to appear and testify. It does not affect the testator's power to revoke or the will's effective date.

Question 35Wills and Estate Planning

A testator's will contains a clause directing that the testator's debts be paid from the residuary estate. Which of the following best describes the effect of this direction on the order of abatement?

  1. It has no effect because abatement is strictly statutory
  2. It alters the default order in which assets are used to satisfy debts and expenses Correct answer.
  3. It requires the personal representative to sell specifically devised property first
  4. It makes the specific devisees personally liable for the debts

Explanation

A testator may direct the source from which debts and expenses are paid, which can change the default abatement order. Absent such a direction, Florida's statutory order governs which assets are used first.

Question 36Wills and Estate Planning

A testator creates a revocable trust and names a corporate trustee. The trust instrument is silent on investment standards. Which standard governs the trustee's investment decisions under Florida law?

  1. The trustee must preserve the original trust assets without change
  2. The trustee must follow the prudent investor rule Correct answer.
  3. The trustee must invest as directed by the trust beneficiaries
  4. The trustee must invest only in government bonds

Explanation

Florida's prudent investor rule requires a trustee to invest and manage trust assets as a prudent investor would, considering the purposes and terms of the trust. It is a portfolio-based standard rather than a list of permitted investments.

Question 37Wills and Estate Planning

A grantor establishes an irrevocable trust and retains no beneficial interest. Which statement best describes the income tax treatment of the trust's income?

  1. The income is taxed to the trust or its beneficiaries depending on distributions Correct answer.
  2. The income is taxed to the grantor because the grantor created the trust
  3. The income is taxed to the trustee personally
  4. The income is exempt from tax because the trust is irrevocable

Explanation

An irrevocable trust without a retained interest is generally a separate taxable entity, and income is taxed to the trust or to beneficiaries to the extent distributed. The grantor is not taxed merely for creating the trust.

Question 38Wills and Estate Planning

A testator wants to create a trust in the will that will hold assets for a grandchild until the grandchild reaches age 30. Which term describes this arrangement?

  1. A charitable remainder trust
  2. A spendthrift trust created during life
  3. A testamentary trust Correct answer.
  4. An inter vivos trust

Explanation

A trust created within a will and taking effect at the testator's death is a testamentary trust. It is funded through the probate estate rather than during the testator's lifetime.

Question 39Wills and Estate Planning

A testator with capacity executes a will. A caregiver who is not a beneficiary arranges the appointment of the drafting attorney, is present at every meeting, and excludes the testator's family. The will leaves the estate to the caregiver's own children. Which challenge is most likely to succeed?

  1. Fraud because the attorney misstated the will's contents
  2. Lack of testamentary capacity because the testator was elderly
  3. Undue influence because the caregiver procured a will benefiting the caregiver's family Correct answer.
  4. Revocation by operation of law because the caregiver was present

Explanation

Undue influence requires that the influencer's conduct overcome the testator's free will and produce a will the testator would not otherwise have made. The caregiver's control of access and procurement of a benefit to the caregiver's family supports that claim.

Question 40Wills and Estate Planning

A testator's will leaves a specific devise of a parcel of real property to a friend. After the will's execution, the testator sells the parcel and later dies owning the sale proceeds. What is the most likely result in Florida?

  1. The friend takes the sale proceeds because they trace to the devised property
  2. The friend may elect to take the proceeds or the residuary estate
  3. The specific devise is adeemed and the friend takes nothing Correct answer.
  4. The friend takes the proceeds only if the will contained a general devise

Explanation

Under Florida's identity approach to ademption, a specific devise of property no longer owned at death fails, and the devisee takes nothing. The sale proceeds pass under the residuary clause rather than to the specific devisee.

Question 41Wills and Estate Planning

Which of the following best describes the duty of loyalty owed by a trustee of an irrevocable trust?

  1. The trustee must distribute all income annually to the remainder beneficiaries
  2. The trustee must obtain court approval for every distribution
  3. The trustee must administer the trust solely in the beneficiaries' interests and avoid self-dealing Correct answer.
  4. The trustee must invest only in assets held when the trust was created

Explanation

The duty of loyalty requires the trustee to act solely in the beneficiaries' interests and to avoid conflicts of interest and self-dealing. It does not require court approval for routine distributions or a fixed investment list.

Question 42Wills and Estate Planning

A testator's will leaves a bequest to a named friend. The friend dies one week before the testator, leaving no descendants. What is the result under Florida law?

  1. The bequest passes to the testator's spouse by operation of law
  2. The bequest lapses and passes through the residuary clause or intestacy Correct answer.
  3. The bequest is void and the entire will fails
  4. The bequest passes to the friend's estate because the friend was named

Explanation

When a beneficiary predeceases the testator and the anti-lapse statute does not apply, the gift lapses. The lapsed gift falls into the residue or, if no residue exists, passes by intestacy; it does not go to the deceased beneficiary's estate.

Question 43Wills and Estate Planning

A testator executes a will in another state that is valid under that state's law, then moves to Florida and dies domiciled in Florida. How will Florida likely treat the will?

  1. Florida will reject it because it was not executed in Florida
  2. Florida will treat it as an intestate estate
  3. Florida will require re-execution before admitting it
  4. Florida will admit it if it was valid where executed, subject to Florida's probate procedures Correct answer.

Explanation

Florida recognizes a will validly executed in another jurisdiction, so a testator who moves to Florida generally need not re-execute the will. The will is still subject to Florida's probate procedures and substantive protections such as the elective share.

Question 44Wills and Estate Planning

A testator's will names the testator's adult child as personal representative. The child resides in Georgia and is not related to the testator's spouse. Which statement is correct under Florida law?

  1. The child may serve only if the spouse consents in writing
  2. The child is disqualified because a personal representative must be a Florida resident
  3. The child may serve only if the court appoints a Florida co-representative
  4. The child may serve because a nonresident may qualify if related to the decedent Correct answer.

Explanation

Florida permits a nonresident to serve as personal representative if the person is a relative of the decedent or otherwise within the statutory exceptions. A child of the decedent qualifies despite residing outside Florida.

Question 45Wills and Estate Planning

Which of the following best describes the doctrine of dependent relative revocation in the context of a Florida will?

  1. A revocation is effective only if witnessed by two persons
  2. A revoked will is revived automatically if the revoking instrument is invalid
  3. A will becomes irrevocable once a codicil is executed
  4. A revocation is ineffective when the testator's intent was to replace the will with another that fails Correct answer.

Explanation

Dependent relative revocation applies when a testator revokes a will intending to make a new one, and the new will is not validly executed or fails. The revocation is then treated as dependent on the ineffective replacement and may be disregarded.

Question 46Wills and Estate Planning

A testator's will devises a specific sum of $50,000 to a niece. The estate is insufficient to pay all general and specific gifts in full. Which of the following describes the order in which gifts are abated under Florida law?

  1. Specific gifts abate before general gifts
  2. All gifts abate proportionally regardless of class
  3. Residuary gifts are never subject to abatement
  4. General gifts abate before specific gifts Correct answer.

Explanation

Florida's abatement order favors specific gifts over general gifts, and the residue is used before general gifts. Thus general gifts abate before specific gifts when the estate is insufficient.

Question 47Wills and Estate Planning

A testator wants to ensure that a beneficiary's creditors cannot reach trust distributions. Which trust feature is designed to accomplish that goal?

  1. A pour-over provision
  2. A spendthrift clause Correct answer.
  3. A no-contest clause
  4. A power of appointment

Explanation

A spendthrift clause restricts a beneficiary's ability to assign future distributions and limits creditors' access to them. It protects trust assets from the beneficiary's creditors while the assets remain in trust.

Question 48Wills and Estate Planning

A testator executes a will in Florida. Later, the testator marries a person who is not provided for in the will. What is the surviving spouse's likely remedy under Florida law?

  1. The spouse may take only if the will is declared invalid
  2. The spouse may take an intestate share unless the will shows an intention to omit the spouse Correct answer.
  3. The spouse takes the entire estate automatically
  4. The spouse takes nothing because the will predates the marriage

Explanation

Florida's pretermitted spouse statute gives a spouse who married after the will's execution an intestate share unless the will evidences an intention to disinherit the spouse or the spouse is otherwise provided for. The remedy is a share, not automatic entitlement to the entire estate.

Question 49Wills and Estate Planning

A testator's will includes a no-contest clause. A beneficiary challenges the will in good faith and with probable cause. What is the likely effect of the clause on that beneficiary's gift under Florida law?

  1. The beneficiary is protected because Florida enforces no-contest clauses only against challenges without probable cause Correct answer.
  2. The clause is void and unenforceable in all circumstances
  3. The beneficiary forfeits the gift because any challenge triggers the clause
  4. The beneficiary forfeits the gift only if the challenge succeeds

Explanation

Florida limits the enforceability of no-contest clauses, allowing a beneficiary to challenge a will with probable cause without forfeiting the gift. A challenge brought in good faith and with probable cause does not trigger forfeiture.

Question 50Wills and Estate Planning

Which of the following best describes the purpose of a pour-over provision in a will?

  1. It creates a life estate for the surviving spouse
  2. It appoints a guardian for minor children
  3. It directs estate assets into an existing trust at the testator's death Correct answer.
  4. It transfers assets to a charity during the testator's lifetime

Explanation

A pour-over provision directs assets from the probate estate into a trust that was established before or concurrently with the will. It allows the will and the trust to work together to carry out the testator's plan.