Will Drafting 101 [Including 1 Ethics Hour] (2025 Edition)

Mary Akkerman | Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Mary is an American College of Trust and Estate Counsel (ACTEC) Fellow. She is a member of the Society of Trust and Estate Practitioners and Sioux Falls Estate Planning Council.

Mary has received an AV Preeminent® Peer Review Rating by Martindale Hubbell®, for the highest level of professional excellence for legal knowledge, communication skills and ethical standards. She has a Band 1 individual ranking in the Chambers High Net Worth Guide by Chambers and Partners in the area of Private Wealth Law and is listed by Best Lawyers® in Trusts & Estates. Mary has also been ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in the areas of Estate Planning & Probate.

I. What is Estate Planning? | 3:00pm – 3:15pm

• Basic probate rules
• Non-probate transfers
• Federal transfer taxes
• Pre-mortem and post-mortem planning

II. Estate Planning Concepts | 3:15pm – 3:30pm

• Estate Planning Basics
• Powers of Attorney
• Living Wills and Healthcare Directives
• Guardianships and Conservatorships
• Irrevocable Trusts
• Planning for retirement assets
• Life insurance in estate planning
• Challenges with real estate
• Non-traditional assets
• Probate administration
• Trust administration

III. Wills | 3:30pm – 3:45pm

• How to Structure
• Marital Deduction Planning
• Using with Trust Structures

IV. How to Handle Client Assets | 3:45pm – 4:00pm

• Titling, Ownership and Beneficiary Designations
• Pay on Death and Transfer on Death Accounts
• Retirement Plans
• Real Estate
• Life Insurance
• Personal Property and Other Assets

Break | 4:00pm – 4:10pm

V. Ethics | 4:10pm – 5:10pm

• Joint Representation and Identifying the Client
• Confidentiality and Attorney-Client Privilege
• Serving as a fiduciary
• Incapacity Planning
• Fraudulent Transfer Avoidance