582 Wills & Administration (Gordon & Klaray)

LAW582 

Wills & Administration

(Gordon & Klaray)

Prerequisite courses: 

Prerequisite for: 

Instructor(s): Maya Gordon & Michael Klaray

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

Open Book Final Exam worth 100%

COURSE DESCRIPTION

The first part of the course will examine the formalities, content, and drafting considerations for wills, and will include topics such as: Who can make a will; Nature of testamentary dispositions; Obtaining Instructions; Assets inside Estates; Assets Outside Estates; Formal Wills; Holograph Wills; Enduring Powers of Attorney; Personal Directives; Testamentary capacity; Formalities of Execution; and Revocation and Revival of Wills.

The second part of the course will consider various challenges or issues that should be taken into account in the area of wills and estates, including: Adult Independent Relationships; Divorce and separation; Construction of Wills; Fraud, Undue Influence and Suspicious Circumstances; Lost wills; Alteration of Wills During Lifetime (ademption, abatement, lapse); Fixing mistakes; Advances; Alteration of Wills by Operation of Law (FMS Claims); Role of the Public Trustee; and Survivorship.

Finally, the course will cover estate administration, including: Administration under a Will; Intestate Succession; Grants of Probate; Grants of Administration; Other Grants; Priority to apply; Proof of Will; Advice and direction and other Applications under the Surrogate Rules.

SPECIAL COMMENTS

Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY): 

Cases and statutory materials, as assigned.