Trusts and Estates has long been a subject that bar exam candidates spend significant time studying. With the introduction of the NextGen Uniform Bar Exam (UBE), however, its role has changed.
The good news is that you do not need to memorize Trusts and Estates doctrine in the same way you would for subjects like Contracts or Evidence.
How Will Trusts and Estates Be Tested?
From July 2026 through at least February 2028, Trusts and Estates appears on every NextGen Bar Exam through performance tasks and may also appear in integrated question sets.
Whenever Trusts and Estates is tested, you're provided with the legal resources needed to complete the task. That means the exam focuses on your ability to analyze and apply the provided law rather than recall legal rules from memory.
Is Trusts and Estates a Foundational Subject?
No.
Unlike Contracts, Torts, or Civil Procedure, Trusts and Estates is not included among the NextGen Bar Exam's Foundational Concepts and Principles.
Instead, it serves as context for testing foundational lawyering skills such as:
- Legal analysis
- Legal writing
- Research
- Client counseling
- Issue spotting
Where Should I Focus My Studies?
Rather than memorizing every rule governing wills and trusts, you should develop confidence in:
- Reading unfamiliar legal authorities
- Applying statutes to facts
- Organizing legal analysis
- Writing clear legal conclusions
These practical skills transfer across every subject tested on the NextGen UBE.
Prepare for the NextGen Bar Exam with Confidence
Although Trusts and Estates remains part of the NextGen Bar Exam, it is tested differently than traditional doctrinal subjects. Success depends more on your ability to analyze provided legal materials than on memorizing substantive law.
BARBRI's NextGen-ready bar review helps you develop the practical legal skills and subject knowledge needed to succeed on today's evolving bar exam.
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