Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD098.
Course Title (CB02)
Drafting Wills and Trusts
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2023
Course Description
Substantive, procedural and drafting principles of wills and trusts and estate planning: role of paralegal in drafting wills and trusts, inventorying estates, and collecting data.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. It was developed in response to a recommendation from the advisory board for the program to have an advanced specialty class in the area of estate planning. This course belongs on the certificate and degree programs in Paralegal Studies. This course trains paralegals to assist in the preparation and execution of the estate plan.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

PARA D094. or ADMJ D095. or PARA D095. or POLI D095. (either course may be taken concurrently) or professional experience appropriate to the topic - Effective Fall 2023 ADMJ D009. or PARA D009. or POLI D009. or PARA D094. (either course may be taken concurrently) or professional experience appropriate to the topic - Effective Fall 2024

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Collaborative learning and small group exercises

In-class essays

Quiz and examination review performed in class

Homework and extended projects

Assignments

  1. Oral
    1. Preparation for class discussion
    2. Preparation for small group discussion
    3. Role playing activities
  2. Written
    1. Drafting various will and trust provisions
    2. Drafting complete will
    3. Legal analysis of hypothetical factual situations
    4. Analysis of selected codes and cases
    5. Objective and essay quizzes and final examination
  3. Reading from text and other references

Methods of Evaluation

  1. Written midterm and final examinations testing student knowledge of laws relating to testamentary documents, trust instruments, and the consequences of not preparing death instruments.
  2. Written assignments where the students will demonstrate the ability to prepare appropriate wills and trusts for attorney review.
  3. Oral assignments showing students ability to interview clients within the law office in order to assist attorney preparation of an estate plan.

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Clifford, Denis. "Plan Your Estate", 13th ed., Berkeley, CA: Nolo Press, 2016.
Clifford, Denis, "Make Your Own Living Trust" 13th Ed., Berkeley, CA: Nolo Press, 2017.

Examples of Supporting Texts and References

AuthorTitlePublisher
Hower, Dennis R. & Janis, Walter. "Wills, Trusts, and Estate Administration", 8th ed. Cengage 2017.
"California Local Probate Rules". Berkeley, CA: Continuing Education of the Bar, 2017.
"California Probate Code. Los Angeles", CA: West Publishing Co., latest edition; Also available at (http://www.leginfo.ca.gov/calaw.html)
"California Will Drafting 3rd ed.", Berkeley, CA: Continuing Education of the Bar, 2017.
"Drafting California Irrevocable Trusts 3rd ed.", Berkeley, CA: Continuing Education of the Bar, 2017.
"Drafting California Revocable Living Trusts 4th ed.", Berkeley, CA: Continuing Education of the Bar, 2017.

Learning Outcomes and Objectives

Course Objectives

  • Explain substantive legal principles controlling wills and trusts in California.
  • Compare and contrast substantive legal principles under the Uniform International Wills Act with California law.
  • Prepare wills and testamentary trusts for attorney review
  • Draft and review revocable trusts for attorney review
  • Examine irrevocable trusts
  • Assess the influence of age, gender and culture in evaluating situations and conditions affecting the validity and enforceability of wills
  • Describe the use of computer applications in preparing wills and trusts

CSLOs

  • Demonstrate an understanding of the substantative legal principles controlling wills and trusts in the state of California.

  • Demonstrate an ability to identify and prepare the appropriate documents required based on various fact scenerios.

  • Analyze the current role of the paralegal in the estates and trusts legal practice.

Outline

  1. Explain substantive legal principles controlling wills and trusts in California.
    1. Review of interstate laws
    2. Survey of death costs
      1. Administrative fees
      2. Federal transfer tax
      3. State inheritance and gift taxes
    3. Community property law and relationship to death
    4. Avoiding guardianship for minors
  2. Compare and contrast substantive legal principles under the Uniform International Wills Act with California law.
    1. Participating nations under Uniform Act
    2. Requisites of wills
    3. Execution of wills
    4. Registry system
  3. Prepare wills and testamentary trusts for attorney review
    1. Formal requirements for wills
      1. Formal vs. holographic
      2. Codicils
      3. Witnesses
    2. Types of wills
      1. Wills without trusts
        1. Clauses relating to specific gifts
        2. General gifts
      2. Testamentary trusts
      3. Pourover wills
    3. The marital deduction
    4. Provisions dealing with distributions of income and principal from trusts
      1. Family or "pot" trusts
      2. Separate shares or split trusts
    5. Powers of appointment
      1. Practical aspects
      2. Tax aspects
    6. Executors, trustees and other fiduciaries
      1. Provisions relating to probate administration
      2. Trustee's administrative powers
    7. Paralegal Role
  4. Draft and review revocable trusts for attorney review
    1. Use of trust as a probate avoidance vehicle
    2. Advantages and disadvantages of revocable trust
    3. Drafting the distributive provisions of trusts
    4. Drafting the administrative provisions of trusts
    5. Paralegal Role
  5. Examine irrevocable trusts
    1. Funded life insurance trust
    2. Long-term or permanent trusts
    3. Clifford trusts
    4. Trusts of minors
    5. Income tax planning with irrevocable trust
    6. Gift tax considerations
    7. Paralegal Role
  6. Assess the influence of age, gender and culture in evaluating situations and conditions affecting the validity and enforceability of wills
    1. Competency
    2. Titling of assets
    3. Divorce
    4. Disabled beneficiaries
    5. Locating assets
    6. Paralegal Role
  7. Describe the use of computer applications in preparing wills and trusts
    1. Drafting wills and trusts agreements using electronic programs
    2. Document assembly software for wills and Intervivos Trusts
Back to Top