Question 1
A remedy imposed by a court to prevent unjust enrichment where there is no written agreement is called what?
Correct Answer:
Constructive trust
Explanation:
Unjust enrichment without a written agreement is addressed by imposing a constructive trust. This is an equitable remedy where the person who holds or has benefited from the property is treated as holding it in trust for the rightful owner, so they must surrender or account for the value of the benefit. It arises by operation of law, not from a contract, precisely to prevent someone from keeping a windfall when there’s no valid written agreement. The other terms don’t describe a remedy: common law is the overall body of law; inter vivos refers to transfers made during life; codified means written statutes.
Question 2
What term denotes the different investments held by a trust?
Correct Answer:
Trust's Portfolio
Explanation:
The Investments held by a trust are described as a portfolio—the collection of assets managed for the beneficiaries. In a trust context, identifying that collection as the trust’s portfolio emphasizes ownership by the trust itself and the mix of assets the trustee oversees. The phrase “trust’s portfolio” directly signals whose holdings are being described, which is why it matches the question’s wording and intent. Diversified Holdings isn’t a standard label for a trust’s assets, and a mutual fund is a single investment vehicle rather than the entire collection a trust owns. While the generic term portfolio conveys the idea of multiple investments, the possessive form used here—trust’s portfolio—precisely identifies the holdings belonging to the trust.
Question 3
The interest that the grantor retains.
Correct Answer:
Retained interest
Explanation:
In property and estate planning terms, the interest the grantor retains is the ongoing right the grantor keeps after making a transfer. This could be something like a life estate or the right to income from the property for a certain period. It describes the portion of the property that remains in the grantor’s control or benefit after the conveyance. A remainder interest, by contrast, is a future interest that takes effect after the prior estate ends and is usually held by someone other than the grantor. Indicia of ownership aren’t a specific legal interest, just signs of ownership, and income-producing assets describe the nature of the assets rather than the particular retained right. Thus, the retained interest best captures the grantor’s ongoing right in the transferred property.
Question 4
Which term refers to the recipient of the trust's assets?
Correct Answer:
Beneficiary
Explanation:
In trust law, the person who ultimately benefits from the trust assets is the beneficiary. The trust is funded by the grantor and managed by a trustee under terms set out in the trust document. The beneficiary is the recipient of distributions or benefits from the trust, either during the grantor’s life or after death, depending on the trust’s terms. The trustee is the fiduciary who handles the trust's assets, not the recipient. The grantor (or settlor) creates and funds the trust, while the testator is the person who executes a will, not a trust. In some cases there can be multiple beneficiaries with varying rights, but the fundamental idea is that the beneficiary is the one who receives the trust assets.
Question 5
Which type of trust cannot be revoked, modified, or amended?
Correct Answer:
Irrevocable trust
Explanation:
An irrevocable trust is designed to be permanent: once the trust is created and funded, the grantor typically cannot revoke, modify, or amend its terms. Control over the assets passes to a trustee who must manage them according to the trust document for the benefit of the beneficiaries. This lack of ability to change or undo the arrangement is what sets it apart from other trust types. A living or inter vivos trust is usually revocable, meaning the grantor can alter or end it; a declaration of trust can be revocable or irrevocable depending on its terms, and “trust property” refers to the assets rather than a type of trust. The key idea is that the irrevocable trust separates ownership from control, achieving purposes like estate tax planning or asset protection, at the cost of surrendering the ability to alter the trust later.
Question 1
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Prepare with the Estate Planning and Probate Law Practice Test practice quiz. This question bank includes 10 questions covering term, trust, called, assets, and describes. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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Estate Planning and Probate Law Practice Test

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