This course explores the legal framework governing the transmission of wealth upon death and during life, with a focus on wills, intestate succession, trusts, estate planning, and fiduciary duties. Students will learn both the foundational doctrines and modern practices surrounding the law of decedents’ estates, as well as the evolving social, ethical, and economic dynamics that shape family wealth planning in contemporary society.
Topics include intestate succession, testamentary formalities, will substitutes, revocable and irrevocable trusts, powers of appointment, fiduciary obligations, modification and termination of trusts, charitable trusts, and the probate process. The course also addresses incapacity planning, spousal rights, and emerging issues in estate planning for blended families, digital assets, and elder law.
Course Objectives
By the end of this course, students will be able to:
-
Understand and apply doctrines governing the distribution of property upon death, both with and without a will.
-
Draft, interpret, and evaluate the legal validity of wills and trusts.
-
Analyze the roles and responsibilities of fiduciaries such as trustees and executors.
-
Recognize and address estate planning issues involving incapacity, minor children, spouses, blended families, and complex assets.
-
Understand the probate process, estate administration, and non-probate transfers.
-
Evaluate strategies to avoid or limit probate, reduce legal risk, and preserve testamentary intent.
-
Apply Uniform Acts, Restatements, and state-specific laws such as the Uniform Probate Code (UPC) and Uniform Trust Code (UTC) in planning and dispute scenarios.
