Wills, Trusts & Estates Study Guide

Intestate Succession

Distribution rules when decedent dies without valid will; UPC share calculations for surviving spouses and descendants.

Will Execution Requirements

Formal attestation requirements, witness competency, signature placement, and substantial compliance under UPC versus common law.

Will Revocation and Revival

Methods of revocation by physical act or subsequent instrument; dependent relative revocation doctrine and revival rules.

Will Components and Integration

Integration, incorporation by reference, acts of independent significance, and pour-over wills connecting testamentary and trust instruments.

Will Contest and Testamentary Capacity

Grounds for contest including lack of capacity, undue influence, fraud, and mistake; burden of proof standards.

Lapse, Ademption, and Abatement

Failed gifts due to beneficiary predeceasing testator; anti-lapse statutes; ademption by extinction and satisfaction doctrines.

Trust Creation and Validity

Essential elements for valid trust creation; intent, trust property, beneficiaries, and purposes including charitable trusts.

Trust Administration and Fiduciary Duties

Trustee powers, duties of loyalty and prudence, investment standards, and liability for breach of trust.

Trust Modification and Termination

Circumstances permitting trust modification or early termination; cy pres doctrine; Claflin doctrine and material purpose requirement.

Future Interests and Rule Against Perpetuities

Classification of future interests; RAP application to trusts; common law versus USRAP wait-and-see approach.

Powers of Appointment

General versus special powers; exercise, release, and failure to exercise powers; creditor rights and tax implications.

Will Substitutes and Non-Probate Transfers

Joint tenancies, POD accounts, life insurance beneficiaries, and revocable trusts as probate avoidance mechanisms.