Trusts & Estates

B645 is taught by D. Gjerdingen, J. Stake

Trusts & Estates will cover functions and purposes of the law relating to donative transfers of assets, mostly across generations. Included will be purposes of donor control; intestate succession; execution, revocation, and revalidation of wills; creation, modification, and termination of trusts; construction of wills and trusts; the law relating to future interests, including the Rule against Perpetuities, and limitations on donative intent. The intricate rules and extensive doctrinal material covered will require a fast pace of presentation. Nonetheless, policy issues involving both fairness and efficiency will be considered.

This course should be taken prior to any advanced courses in Estate Planning. It is intended as a basic introduction to the trusts and estates area and as elemental preparation for students hoping to enter general practice or specialize in estate planning or fiduciary administration. Extensive use of power point slides is anticipated. Class preparation is required. The readings will be primarily, if not entirely, from the Trusts and Estates casebook written by Prof. Stake.