Law of Wills, 2016A

Preface
Both lay persons and budding lawyers continue to be interested in the area of estates and
trusts. While I was writing this book, several celebrities died. Certain deaths really attracted the
attention of the public. Facebook and other social media sites were full of dedications to Prince
when his death was announced. Robin Williams spent his life making us laugh; the tragic
circumstances of his death made us sad. After all of the tears, memorials and speculations ceased,
people started searching the Internet for copies of the wills. They were interested in the worth of the
various estates and the manner in which those estates would be distributed. They were shocked
when Prince died without leaving a will. They watched legal experts go on television to explain the
consequences of Prince’s failure to execute a will. At times, the media coverage was like watching
the introduction to a Wills & Trusts class. Prince died a single man with no children. He was
survived by several whole-blood and half-blood siblings. There were even persons coming forth
claiming to be his non-marital children. When cases like this occur, people realize that estate
planning and probate law are still interesting and relevant.
The purpose of this casebook is to train the students to think and act like estate planning
attorneys. This book is meant to be used in conjunction with a book on the law of trusts. The
focus of the book is problem-solving and legal application. The book includes numerous problems,
so the students can learn to apply the law they learn from reading the cases. It also contains
collaborative learning exercises to encourage students to engage in group problem-solving. This
book contains less policy than traditional casebooks in the area. Instead the book contains
numerous problems that will enable the students to understand and apply the black letter law. The
book is divided into three parts to reflect the main types of issues that students will encounter if they
practice elder or estate planning law. The order of the book mirrors the manner in which estate
planning law is practiced in the real world.
The book starts with an examination of the intestacy system because the majority of people
die without executing a will. Therefore, most of the legal issues an estate planning lawyer faces
center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed
discussion of the intestacy system. A chapter on ethics is included because estate planning attorneys
encounter ethical issues that are different from persons practicing in other areas of law.
The second part of the book includes an exploration of the testacy system. It is arranged so
professors can lead students from the client interview to the will execution. The first three chapters
of this section deal with issues that directly impact the existence of the inheritance system. It
analyzes a person’s ability to control the disposition of his or her property after death. This serves
as the students’ first introduction to the power of the “dead hand”. These chapters are included to
start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an
inheritance system. I tell my students that, when executing a will, they must think of the ways that it
can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the
testator and an attack on the will. Two chapters in this part highlight the various ways that someone
might question the testator’s ability to execute a valid will.
The final chapters in this unit show the issues that can be raised to dispute the validity of the
will. They also explain the different types of wills that are available. The final part of the book deals
with non-probate transfers. These chapters are included to show students the other devises that
people can use to dispose of their property. That knowledge is important because a significant
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