New Brunswick Bar Practice Exam

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Question: 1 / 640

In matters of wills and estates, where is immovable property governed?

By the state of the testator's residence

By the location where the property is situated

Immovable property, such as real estate, is governed by the law of the jurisdiction in which the property is located. This principle is grounded in the legal concept of lex loci rei sitae, meaning that the rights and obligations regarding real property are determined by the laws of the place where the property is situated. This is crucial because real property laws can vary significantly between different jurisdictions, and ensuring compliance with local laws is essential for valid testamentary dispositions.

Therefore, when it comes to wills and estates, the location of the immovable property takes precedence in determining how it is governed, impacting issues such as inheritance rights, property transfer, and tax obligations. Thus, the correct answer reflects this widely accepted legal principle.

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By the country of the testator's birth

By the place where the will was executed

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