Trusts and Estates
Trusts and Estates tests wills, intestacy, trusts, future interests, probate, and fiduciary administration.
Core framework
A valid will requires testamentary intent, capacity, signature, and witnesses (Massachusetts requires two). Revocation by physical act or subsequent instrument; revival requires republication. Lapse is saved by anti-lapse statutes for descendants. Ademption applies to specific gifts no longer owned. Intestacy: spouse and children shares; Massachusetts elective share and omitted spouse/child protections. Trusts: express, resulting, constructive; spendthrift, charitable, Totten. Trustee duties: loyalty, prudence, impartiality, account. Future interests: remainder, executory interest, RAP. Powers of appointment.
Worked example
T's will leaves "my house to A for life, then to A's children who survive A, and if none, to B." A has no children and dies. A has a life estate. A's children have a contingent remainder because survivorship is required. B has an executory interest. Because A is a life in being, the interest will vest or fail at A's death, so RAP is satisfied. B takes the house.
Traps
A specific devise adeems when the property is sold. Anti-lapse applies only to descendants of the testator, unless the statute says otherwise. A trustee cannot self-deal absent authorization. RAP can invalidate class gifts. A slayer forfeits benefits. A codicil republishes the will. Intestate shares vary by state; do not assume community property.