Estate Planning: Wills and Trusts
Professor Elaine Hightower Gagliardi
This course addresses a variety of non-tax issues facing estate planners with respect to the drafting of wills and trusts and their subsequent administration. It covers the materials traditionally covered in a course on wills and trusts, but it does so with an eye as to how the issues arise in practice. Students must draft a will and "probate" a decedent's estate. Issues specifically addressed include: intestate succession, execution and revocation of wills, will contests, will construction, creation and termination of trusts, fiduciary duties, and breaches of those duties.
The Uniform Probate Code as adopted by Montana will form the basis of study, but issues will be addressed in a historical context so that students can better understand the purpose underlying the statutes.