The NextGen Bar Exam Threat to Wills and Trusts

The American College of Trust and Estate Counsel (ACTEC) has called on states to reject the forthcoming NextGen Bar Exam, citing the National Conference of Bar Examiners’ (NCBE) decision to exclude wills and trusts from the exam. Dana Fitzsimons, an ACTEC Fellow, explains the implications of this change in a recent podcast.

The NCBE, responsible for developing the bar exam, is introducing the NextGen Bar Exam in 2026. This new exam will shift focus from memorization of numerous legal subjects, reducing the testing duration from 12 to 9 hours and covering fewer subjects. Notably, wills and trusts have been removed, despite their critical role in legal practice.

Fitzsimons highlights that the omission of wills and trusts undermines foundational legal knowledge essential for attorneys. This decision contradicts requests from several legal bodies, including ACTEC and the American Bar Association, emphasizing the universal importance of wills and trusts in legal practice and personal life events such as marriage, childbirth, and inheritance.

The exclusion of wills and trusts from the bar exam is expected to influence law school curricula, potentially leading to a decline in the number of courses and qualified professionals in this area. This change could exacerbate the existing shortage of estate planning lawyers and impact public access to essential legal services.

NCBE’s temporary inclusion of trusts and estates concepts in the NextGen Bar Exam from 2026 to 2028 does not require students to have prior knowledge, which Fitzsimons argues is insufficient. Law schools are already adjusting their curricula based on the new exam format, threatening long-term competence in wills and trusts among new attorneys.

Fitzsimons stresses that the changes will affect all demographics, including seniors, rural communities, and marginalized groups. The legal profession's ability to manage wealth transfers, estate planning, and probate cases is crucial, especially given the ongoing massive intergenerational transfer of wealth.

ACTEC urges legal professionals, organizations, and the public to advocate for the reinstatement of wills and trusts in the bar exam. Fitzsimons encourages contacting NCBE, state boards of bar examiners, and state supreme courts to demand this essential change.

Ensuring attorneys possess basic competence in wills and trusts is vital for protecting the public and maintaining access to critical legal services. ACTEC’s call to action highlights the urgent need for states to reject the NextGen Bar Exam until these subjects are restored.

For more information see Deborah O. McKinnon "The NextGen Bar Exam Threat to Wills and Trusts" ACTEC Foundation, July 23, 2024.