This course explores the law of intestacy, wills, trusts, gifts and estate and trust administration as well as basic fiduciary duties. Students will also be introduced to basic approaches to planning for incapacity, such as living wills, advance directives and durable health care powers of attorney. The course also addresses the ethical issues that confront attorneys in this area of the law, including problems posed by the joint representation of spouses and working with clients whose ability to make adequately considered decisions is impaired. Three basic themes overarch this course. First is the tension between formalism and honoring testator intent. Second is the very human story of the effect of wealth transfers on family relationships. Third is the role the law of gratuitous transfers in preserving or altering the distribution of power and wealth in society and between the genders.
Required texts: "Wills, Trusts and Estates" by Dukeminier, 8th edition
Recommended: "Arizona Probate Law and Rules," 2011-2012, West Publishing
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