Weekly Outline


*Note that this outline is only an approximation and the due dates of homework and quizzes may change depending on many factors.  If you miss a class, you MUST check with a classmate to see what is happening at the next class.


Week One: January 30– Homework: The Dearly Departed Memo

Collaborative Work:  Background Knowledge Probe


– What you can expect to learn in this course

– Sources of will law – the ETPL/SCPA and the UPC

– Vocabulary


Week Two: February 6  – Homework : Intestacy Charts Assigned

Collaborative Work:  If You Wrote the Laws of Intestacy

Intestate Succession

– EPTL Section 4-1.1(a)

– Methods of Distribution – By Representation, Per Stirpes

Special Situations in Intestate Succession

– Relatives of the half-blood EPTL Section 4-1.1(b)

– Posthumous children EPTL Section 4-1.1(c)

– Adopted children EPTL Section 4-1.1(d), DRL Section 117

– Step-children

– Non-marital children EPTL Section 4-1.2


Week Three: February 13 – Homework – Study for Quiz One

Collaborative Work – Hamlet according to New York Intestacy Laws

Disqualified Distributees

– Certain parents EPTL Section 4-1.4

– Certain spouses EPTL Section 5-1.2

– Certain killers EPTL 4-1.6

– Certain aliens SCPA 2218

Wills, an Introduction

– Advantages and Disadvantages

– Testamentary Substitutes

– Inter vivos gifts

– Life insurance

– Joint ownership with right of survivorship

– Inter vivos trusts


Week Four : February 27  – Quiz One (Note that we do not have class on Wednesday February 20 – Monday classes will meet then instead)

Collaborative Work – Will Execution Analysis

Wills – Substantive Law, Part One

– Holographic and Nuncupative wills EPTL Section 3-2.2

– Testamentary Capacity EPTL Section 3-1.1

– Testamentary Dispositions EPTL Section 3-1.3

– Devises

– Bequests/Legacies

– Due execution EPTL Section 3-2.1

– Signing ceremony

– Attestation clauses

– Self-proving affidavits

– Interested witnesses EPTL Section 3-3.2

– Changes in circumstance

– Subsequent marriage

– Subsequent divorce EPTL Section 5-1.4

– Afterborn/Pretermitted children EPTL Section 5-3.2


Week Five: March 6

Collaborative Work – If You Wrote the Elective Share Law

Wills, Substantive Law Part Two

– Revocation of wills EPTL Section 3-4.1

– By Writing

– By Physical Act

– Lost wills SCPA Section 1407

– The Elective Share EPTL Section 5-1.1A

– the theory behind

– the amount

– the Net Estate

– Prenuptial Agreements

– Exempt Personal Property EPTL Section 5-3.1


Week Six: March 13 – Quiz Two  Homework: Estate Plans of the Rich and Famous Assigned

Collaborative Work – Art Across the Curriculum “Gravegoods, Reliquaries, Grave Markers, Ancestor Figures and other Art that Honors Decedents”

Wills, Substantive Law Part Three

– Renunciations/Disclaimers EPTL Section 2-1.11

– The Mortmain Statute

– Community Property

– Testamentary Dispositions

– Specific dispositions

– Demonstrative dispositions

– General dispositions

– Residuary Dispositions

– Ademption EPTL Section 3-4.3

– Abatement EPTL Section 13-1.3

– Lapse EPTL Section 3-3.3




  Week Seven : March 20 – Homework: Study for the Midterm Examination

Collaborative Work – Initial Interview Simulation

Practical Matters

Legal Ethics

– Conflicts of Interest

– Confidentiality


The Initial Interview

– Family data

– Family advisors

– Assets/ Liabilities

– tax matters

– liquidity

Will Clauses

Will Drafting

Week Eight: April 3 – Midterm Examination (Note, this is our first day back after spring break)  Estate Plans of the Rich and Famous assigned

Week Nine – April 10  Homework – Blog Preparation Assignment

Estate Plans of the Rich and Famous

Week Ten – April 17 Homework –  Study for Quiz Three

Collaborative Work – You Create a Private Trusts/You Create a Charitable Trust

Trusts, Part One

The Requirements for a New York trust

– Grantor/Settlor

– Delivery

– Res

– Trustee

– Intent

– Beneficiaries

– Lawful Purpose

– Types of trusts

– Inter vivos

– Testamentary

– Revocable/Irrevocable

– Pourovers

– Totten

– Charitable

– the Cy Pres doctrine

– the Rule Against Perpetuities

– Beneficiaries Interests

– Mandatory right to income

– Discretionary right to income

– Remaindermen

– Spendthrift Protection


Week Eleven: April 24 – Quiz Three

Trusts, Part Three

– Trust Administration

– Fiduciary Powers Act EPTL Section 11-1.1

– Fiduciary Duties

– Surcharge actions

– The Uniform Principal and Income Act EPTL Section

– Trustee’s Commissions


Week Twelve: May 1  Homework: Court Documents

Collaborative Work – Preparation of Petition for Probate


– Surrogate’s Court Jurisdiction – Domicile

– The Probate Petition and other Court Documents

– Letters Testamentary

– Executors

– Will Contests

Improper execution, Lack of testamentary capacity, Undue Influence, Fraud


Week Thirteen: May 8 Homework – Study for “Potential Quiz Four (?)”

Administration Proceedings

– The Petition for Letters of Administration

– Administrators and the Public Administrator

– Estate Administration

Inventories, Valuations, Tax Waivers, Creditor’s Claims, Accountings

– Small Estate Proceedings



Week Fourteen:  May 15 Homework – study for Final Examination

Possible Quiz Four (?)

The Federal Estate Tax – an overview

– Transfer taxes in general

– Estates liable

– Tax forms

– Valuation issues

– Deductions

– the Marital deduction and QTIPS

– New York’s estate tax

Review for Final Examination


Week Fifteen: May 22 – Final Examination















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