Preface

• Author: Browne C. Lewis
• Pages: viii-ix

viii

Preface

Recently, the public waited patiently to find out the contents of Whitney Elizabeth

Houston’s will. People were entertained by her music and fascinated by her death. Thus, it is

no surprise that they were on the edge of their seats to discover how much money she had in

her estate. Inside Edition and other entertainment shows teased the public with previews

stating that they had received a copy of the will and planned to reveal its contents. The big

reveal fell short when the public realized that Houston had left everything to her daughter

using a testamentary trust. Wills are public documents, but trust instruments are not.

Therefore, the public will never know the specific provisions contained in the trust

document. Privacy is one of the reasons why more and more people are disposing of their

property using testamentary trust created in their wills. The reasons people establish trusts

are as varied as the lawyers who draft them. Traditionally, trusts were vehicles wealthy

people used to provide for their love ones. Currently, people from all economic classes

establish trusts. Thus, for students desiring to practice in the probate or elder law arena, it is

crucial that they have a basic understanding of the law of trusts.

The standard four-credit Wills & Trusts courses taught at most law schools do not

spend a sufficient amount of time on the law of trusts. Professors teaching such courses

have the daunting task of teaching intestacy, wills, non-probate transfers, estates, and trusts.

The semester is not long enough to give detail coverage to all of the important topics.

Consequently, professors have to decide what material to omit. Typically, the material on the

law of trusts is either omitted or severely shortened. One obvious reason for the treatment

of the trust information is the fact that the chapters on trusts are in the latter part of most

casebooks. It is difficult to predict the pace at which the material will be covered. Thus,

most professors have to adjust their reading assignments. Those adjustments usually require

the professors to cut assigned materials. Frequently, by the time the decision to reduce the

reading assignments needs to be made, the only significant material left to be covered are the

chapters on the law of trusts. Hence, that material is routinely omitted.

The use of testamentary trusts is becoming an important part of estate planning. As a

result, students who want to make a living as probate attorneys will need to know how trusts

fit into estate planning. In addition, bar examiners realize that it is important for students to

have a basic knowledge of trust law. That realization will result in bar examination questions