USC Gould School of Law

GIFTS, WILLS AND TRUSTS

LAW-607
Spring 2018 SYLLABUS

I. Basic Information

a. Course Description
This course focuses on the gratuitous transfer of wealth, especially in the familial context
from one generation to the next. There is an analysis of the legal requirements for, and
social policies affecting, gifts, wills, probate and trusts. Fiduciary administration issues
also are considered. This course is available to be taken CR/D/F. Students are expected
to be current in reading and able to participate in class discussion. Class will include an
assignment to draft a will and a mediation exercise. There will be a three-hour, open
book and open notes multiple-choice examination. Students will be allowed to use
personal computers for their examinations.

B. Instructor
Professor: Daniel S. Murphy
Phone: 213-633-0152
Email: dmurphy@law.usc.edu
Office Hours: Prior to class or by appointment

C. Textbook
Clark, Lusky, Murphy, Ascher and McCouch, Gratuitous Transfers (6th Edition), West
Publishing Company, 2013

D. Time and Place

Tuesday and Thursday, 6:00 pm to 7:40 pm
Room 7, Musick Law Building, USC

E. Credit and Grading

4 Units; option of numerical grading or CR/D/F.

F. Prerequisites
None

G. Class Recording
All class sessions will be recorded and made available on the Law School Portal to
enrolled students, in case you have missed a class or need to review. Consult the
information on the Law School Portal on how to access class recordings.

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 H. Course Objectives
By the conclusion of this course, students will be able to determine issues related to: the
validity of testamentary and lifetime gratuitous transfers, and the formation and
administration of trusts.

II. COURSE REQUIREMENTS & GUIDELINES

A. Class Preparation and Participation

Class discussion will commence with the assumption that everyone is thoroughly familiar
with the assigned materials and is prepared to participate in discussions in a professional
manner.

B. Attendance and Classroom Behavior

Regular and punctual attendance is expected of all students. Please note that all
communication and entertainment devices such as cell phones and iPods are to be turned
off and kept off throughout the class session. Laptops and tablets may be used only for
note-taking purposes. Receiving or sending communication or entertainment during class
disrupts the learning environment and is rude to those around you, to the instructor, and
to guest lecturers.

C. Grading Criteria
Students will be evaluated by an open-book, open-notes, multiple-choice format 60
question final exam. Participation credit for drafting sample will and participation in in-
class mediation exercise: 1 point for turning in will draft and 1 point for participating in
mediation (each equivalent to one correct answer on the exam).

D. Statement on Academic Integrity

USC seeks to maintain an optimal learning environment. General principles of academic
honesty include respect for the intellectual property of others, the expectation that the
work submitted represents solely the effort of the person(s) submitting the work (unless
otherwise allowed by an instructor), and the obligations both to protect one’s own
academic work from misuse by others as well as to avoid using another’s work as one’s
own. All students are required to understand and abide by the Law School’s policies and
expectations, http://mylaw2.usc.edu/portal/policies/handbook/character/plagiarism.cfm,
as well as those of the University, http://www.usc.edu/student-
affairs/SJACS/forms/AcademicIntegrityOverview.pdf, regarding academic integrity.

E. Accommodation of Disabilities
USC is committed to providing reasonable accommodations for members of the student
body who have permanent or temporary physical, learning or other disabilities, to ensure
that all students are given an equal opportunity for learning and for pursuing their
academic interests. Students wishing to seek accommodation should consult the policies
and procedures in the Law School Student Handbook,
http://mylaw2.usc.edu/portal/policies/handbook/exceptions/disabilities.cfm.

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III. ASSIGNMENTS
Class Date Assignment (Pages in Gratuitous Transfers unless otherwise noted).
1. 1/9 1-49 Public Policy
2. 1/11 61-62, 69, 72-77, 85-108 Intestate Succession Spouses and Children
3. 1/16 56-61, 63-65, 69-71, 77-85, 120-150 Intestate Succession Other Relatives and
Special Situations, Disqualifications, Advancement/Release, Disclaimer
4. 1/18 158-184, 193-203 Spousal Rights, Marital Property Handout
5. 1/23 154-158, 184-192, 203-224, 227-240, Marital Agreements, Omitted Heirs,
Allowance, Capacity Discuss will drafting assignment
6. 1/25 240-302, Delusion, Undue Influence, Fraud and Duress
7. 1/30 302-359 Mistake and Will Execution Formalities, Interested Witnesses,
Harmless Errors and Attestation
8. 2/1 371-404, 417-433 Holographic Wills, Defining the Will, Revocation-Revival
9. 2/6 404-417, 433-470 Revocation by Law, Amendment of Wills, Contracts
Interpretation – Estate of Duke Supplement
10. 2/8 470-493, 506-509, 515-522 Interpretation of Wills, Introduction to Intervivos
Gifts.
11. 2/13 494-505, 509-515, 522-542 Gifts, Non Probate Transfers
12. 2/15 NO CLASS 2/20 554-585, 590-596 Trusts Introduction
13. 2/22 585-590, 596-661 Spendthrift Trusts, Discretionary Trusts and Self-Settle /
Trusts
14. 2/27 359-366 Will Drafting. Draft your will and e-mail by 5pm February 26;
bring paper copy to class on February 27. Read Achilles Will Supplement.
15. 3/1 670-686, 726-728 Pet Trust Supplement – Termination of Trusts, Statute of
Frauds, Constructive and Resulting Trusts, Indefinite and Honorary Trusts
16. 3/6 224-226, 686-726 Charitable Trusts
17. 3/8 NO CLASS 3/13 OR 3/15 729-751, 757-761 Administration, Jurisdiction and
Probate
18. 3/20 751-757, 761-770 Fiduciaries
19. 3/22 770-788 Fiduciary Duties
20. 3/27 789-824, Prudent Investor
21. 3/29 824-871 Impartiality and Distributions
22. 4/3 NO CLASS 4/5 108-120, 872-890, 914-919, 931-940 Future Interests –
Waggoner Supplement
23. 4/10 Transfer Taxes – 971-979, 983-1000, 1002-1028
24. 4/12 Transfer Taxes Continued 980-983, 1033-1046, 1048-1052
25. 4/17 International Estate Planning
26. 4/19 Mediation Exercise–Mediation Strategies READ Getting to Yes
27. 4/24 Review

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