The legal profession stands at a pivotal moment as the National Conference of Bar Examiners (NCBE) prepares to roll out the NextGen Bar Exam beginning July 2026. For those engaged in trusts and estates, the ramifications of this shift extend well beyond the confines of legal education—they touch the very pipeline of practitioners and, ultimately, the public’s access to competent counsel in this vital area.
The Changing Landscape of Bar Examination
Historically, the Uniform Bar Examination (UBE) has required substantive knowledge of trusts and estates, tested primarily through the Multistate Essay Examination (MEE). This structure incentivized law students to pursue coursework in the field, ensuring a baseline of competency among new attorneys. The NextGen Bar Exam, however, will reduce both the duration of testing and breadth of topics covered. Trusts and estates will be relegated to the performance tasks or integrated question sets sections, which assess research and writing skills rather than substantive legal knowledge, and for which examinees are provided with all of the substantive information necessary to answer the question. Trusts and estates will not be among the foundational
concepts and principles of the NextGen Bar Exam, soon to be rolled out in at least 45 jurisdictions.
Implications for Legal Education and Practice
The exclusion of trusts and estates as a core subject has immediate and long-term consequences. Law students, often guided by bar exam content, may opt out of elective courses in trusts and estates, leading to diminished enrollment. Declining course enrollment may lead law schools to devote fewer resources to these offerings or to eliminate the courses entirely. Over time, this will result in a shrinking pool of attorneys with any formal training in the field. This trend is particularly concerning given the persistent prevalence of malpractice claims in trusts and estates—insurers have identified it as one of the top three practice areas for such claims. In legal deserts, where general practitioners serve as the primary resource for estate planning, the lack of foundational
knowledge can have outsized negative effects on individuals and families.
Trusts and Estates: Ubiquity and Urgency
Trusts and estates law is not a niche specialty; it is universally relevant. It affects anyone who owns or inherits property, plans for incapacity, serves as a fiduciary, owns a small business, or simply contemplates mortality. The “Great Wealth Transfer”—an estimated $84.4 trillion expected to pass between generations by 2045—underscores the societal importance of competent estate planning. The efficient transfer of wealth, as well as the succession of small businesses, depends on practitioners who understand the intricacies of trusts and estates. At a minimum, it necessitates a broad swath of attorneys with sufficient exposure to the subject area to spot issues and recognize when to do further training or call in co-counsel with subject matter expertise.
Moreover, estate planning intersects with issues of disability, aging, and advances in reproductive technology. The latter, in particular, presents new legal challenges for families formed through assisted reproductive methods, with legislative responses lagging behind technological realities. Estate planning documents remain essential tools for protecting vulnerable populations and ensuring continuity in the face of evolving family structures.
Advocacy and the Path Forward
Recognizing the risks posed by the NextGen Bar Exam, professional organizations have mobilized. The National College of Probate Judges and the American College of Trust and Estate Counsel (ACTEC) have called for the reinstatement of trusts and estates as a foundational subject. The Maryland State Bar Association (MSBA), in collaboration with the Real Property, Trust and Estate Law Section of the American Bar Association (ABA) is preparing a resolution for consideration by the ABA House of Delegates. If the NCBE remains unmoved, state bar administrators may need to ensure that trusts and estates will be included in state specific examinations, as Maryland has already committed to doing.
Conclusion
The decision to exclude trusts and estates from the NextGen Bar Exam’s core subjects is more than a curricular adjustment—it is a policy choice with far-reaching consequences for legal education, professional competency, and public welfare. As the legal community navigates this transition, continued advocacy and strategic adaptation will be essential to safeguard the future of trusts and estates practice.
For further information and ongoing developments, resources are available at https://www.actec.org/nextgenbarexam/
