Study Wills, Trusts, & Estates with expertly written law school outlines available in Full, Cram, and Bar exam formats.
Wills, Trusts, & Estates addresses how property passes at death and how property can be managed in trust during life, with three dedicated outlines that together cover everything tested on the MEE and in estates survey courses. The Wills & Estates outline walks through execution requirements under the Uniform Probate Code and state-law variations — testamentary capacity (knowing the nature of property, natural objects of bounty, and the disposition being made), the formalities of signature, witnessing, and publication, and the harmless-error (substantial-compliance) doctrine where recognized. Revocation is covered in full — by physical act (burning, tearing, cancellation), by subsequent writing, and by operation of law (divorce revokes in favor of the former spouse under most states' laws). Integration, incorporation by reference, acts of independent significance, and pour-over provisions are addressed. Will contests (undue influence, fraud, mistake, insane delusion, lack of capacity), anti-lapse statutes, abatement, ademption, and the rules on simultaneous death (Uniform Simultaneous Death Act, 120-hour rule under the UPC) are covered, along with the mechanics of probate, letters testamentary, creditor claims, and elective-share protections for surviving spouses. The Trusts outline addresses the three elements of a valid private express trust (intent, trust property or res, ascertainable beneficiaries), the settlor's ability to modify or revoke (revocable versus irrevocable), trustee duties (loyalty, prudence, impartiality, information), and the full catalogue of trust types (charitable trusts and the cy pres doctrine, spendthrift trusts, support trusts, discretionary trusts, resulting trusts, and constructive trusts as equitable remedies). The Intestacy outline covers the UPC's share-by-representation rules for descendants, the surviving spouse's share, and the escheat doctrine. Available in Full, Cram, and Bar formats. Connects to Real Property, Family Law, and Contracts. Search terms: testamentary capacity, holographic will, revocable trust, cy pres, elective share, anti-lapse statute, constructive trust.