Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M. for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson Publications)

Wills

Topical Outline
a. Preamble
b. Article 1 - Burial Directions and Payment Just Debts and Funeral Expenses
c. Article 2 - Distribution of Tangible Property
d. Article 3 - Residuary Clause
e. Article 4 - Alternate Beneficiary Clause
f. Article 5 - Appointment of General Guardian for the Person and Property of Minors
g. Article 6 - Creation of a Trust for the Benefit of a Minor
h. Article 7 - Appointment of Executor and Alternate Executor
i. Article 8 - Will Contest Clause
j. Article 9 - Fiduciary Bond Clause
k. Article 10 - Grammatical Construction Clause
l. Article 11 - Executor and Trustee's Power Clause
m. Article 12 - Estate, Inheritance and Succession Taxes
n. Article 13 - Simultaneous Death Clause
o. Article 14 - Will Construction Clause
p. Attestation Clause
q. Self-Proving Affidavit
r. Probate Process
s. Challenges to Legal Documents
    (1) Competency
    (2) Undue Influence

Learning Objectives
a. to have a basic understanding of the law of wills
b. to understand how assets are distributed by a Last Will and Testament
c. to understand the duties of an executor
d. to understand the construction and execution ceremonies of a will
e. to have a basic understanding of how competency and undue influence affect the validity of a will

Job Competencies
a. to be able to discuss with the client their testamentary plan
b. to be able to interview a client and complete a basic will questionnaire
c. to be able to draft a simple will
d. to be able to partake in the will execution ceremonies

Key Concepts
The student must have a basic understanding of the law of wills, a key part of the elder care law practice. He or she should have the ability to meet with a client, ask pertinent questions, establish a testamentary plan, explain functions of an: executor, trustee and guardian. They must also be conversant in the areas of : testamentary capacity and will construction, as well as challenges to legal documents. For example, if a client presented himself/herself at the elder care law office and it was determined the client was suffering from early stages of Alzheimer's disease, does that client have capacity? What should be done to determine the client's capacity? What documentation should be kept in the file to establish that the client did, in fact, have the capacity to execute a last will and testament?