General Strategy

Question 1

Wills Issues

Answer 1

(1) Was the will properly executed? (formalities)
(2) Did the creator of the will have capacity? (intentionalities)
(3) Was their revocation, revival, or DDR of a prior will?
(4) Are there any codicils?
(5) Are any documents integrated?
(6) Are any documents incorporated by reference?
(7) Were there any acts of independent significance?
(8) Was there ademption?
(9) Was there a lapse?
(10) Was there intestate succession?
(11) Were there any pretermitted spouses or children?

Question 2

Trusts Issues

Answer 2

(1) Was the trust validly created and executed?
(2) Was there a secret trust?
(3) Was there a charitable trust?
(4) Were any trustee duties violated?
(5) Was there proper principal and income allocation?

Question 3

Capacity Issues

Answer 3

(1) Undue influence
(2) Insane delusion
(3) Fraud
(4) Mistake

Question 4

Trustee Duties

Answer 4

(1) Duty of Care
(2) Duty of Prudence (to diversify)
(3) Duty of Loyalty
(4) Duty to Act Impartially
(5) Proper Principal and Income Allocation