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McKinnon dated July 7, 2025, responding to the New Jersey Supreme Court Ad Hoc Committee’s Notice and Report on the NextGen Bar Examination. ACTEC requests that, even with adoption of the NextGen UBE, New Jersey continue to test trusts and estates as a foundational subject, and urge NCBE to add trusts and estates as a Foundational Concept and Principle, or otherwise include it in any New Jersey-specific supplemental examination. The letter argues that limiting trusts and estates to resource-supported performance tasks is insufficient to incentivize appropriate coursework and ensure competent representation.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/actec-letter-re-comments-on-ad-hoc-committee-nextgen-bar-examination/321420/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/actec-letter-re-comments-on-ad-hoc-committee-nextgen-bar-examination/321420.png","ImageObject",300,407,{"name":92,"@type":93},"Kyle","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-05","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",11,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What is the main request ACTEC makes in response to the NextGen Bar Examination Report?","Question",{"text":113,"@type":114},"ACTEC requests that New Jersey continue to test trusts and estates as a foundational concept, and that NCBE add trusts and estates as a Foundational Concept and Principle on the NextGen UBE or be included in any New Jersey state-specific supplemental exam.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Why does ACTEC object to limiting trusts and estates to performance tasks and resource use?",{"text":118,"@type":114},"ACTEC argues that performance-task-only coverage and reliance on legal resources falls far short of what is needed to ensure students are incentivized to take trusts and estates coursework and gain sufficient knowledge for competent practice.",{"name":120,"@type":111,"acceptedAnswer":121},"What additional support does the letter provide regarding ACTEC’s prior involvement?",{"text":122,"@type":114},"The letter encloses a March 13, 2025 letter from the immediate past ACTEC State Chair, plus letters referenced to prior Supreme Court feedback, to support ACTEC’s position on including trusts and estates.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},321420,1790479789,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":145,"read_time":26,"preview_page_count":4},3985741905716,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","Executive Director  \nDEBORAH O.MCKINNON  \nJuly 7,2025  \nVIA EMAIL(Comments.Mailbox@judiciary.state.nj.us)  \nMichael J.Blee,J.A.D.  \nActing Administrative Director of the Courts  \nComments:Ad Hoc Committee on the\"NextGen\"Bar ExaminationRichard J.Hughes Justice ComplexTrenton,New Jersey 08625-0037  \nDear Hon.Blee:  \nI am a member of The American College of Trust and Estate Counsel(“ACTEC”)andcurrently serve as the ACTEC State Chair for New Jersey.I am also a partner with McCarter &English,LLP.I write in response to the Notice to the Bar dated June 6,2025,requesting commentson the Report of the Supreme Court Ad Hoc Committee on the NextGen Bar Examination(the “Report”),which recommends that New Jersey should adopt the NextGen Uniform BarExamination (the “NextGen UBE”)as a replacement for New Jersey's existing bar examinationformat.  \nOn behalf of ACTEC,I respectfully request that even if the New Jersey Bar adopts theNextGen UBE,the New Jersey Bar(i)continue to test trusts and estates on the New Jersey barexamination as a foundational concept,and(ii)work to ensure that the National Conference of BarExaminers(“NCBE”)adds trusts and estates as a Foundational Concept and Principle on theNextGen UBE,or (iii)include trusts and estates on any state-specific examination of New Jerseylaw should the Court order the New Jersey Bar to supplement the uniform exam administered bythe NCBE.  \nACTEC has strived to bring attention to the long-term impact of discontinuing testing trustsand estates law as a foundational subject on the New Jersey bar examination.Enclosed is a copyof a letter dated March 13,2025,from the immediate past ACTEC State Chair for New Jersey,Steven K.Mignogna,to the Supreme Court Ad Hoc Committee on the NextGen Bar Examination(the“Committee”),with enclosures,including copies of a letter from Steven K.Mignogna to ChiefJustice Stuart J.Rabner of the New Jersey Supreme Court,and a letter dated August 1,2024,fromSusan D.Snyder,ACTEC's immediate past President,to Chief Justice Rabner providing input onthis issue.  \nACTEC appreciates the thoughtfulness,time and effort expended by the Committee inpreparing the Report and considering ACTEC's prior comments regarding the importance ofcontinuing to include trusts and estates as a foundational knowledge area tested on the New Jerseybar examination.In particular,regarding consideration of the inclusion of trusts and estates on theNew Jersey bar examination,the Report notes:  \n“...Even while endorsing the NextGen UBE,however,theEditorial Board [of the New Jersey Law Journal]expresseddisappointment that Trusts and Estates was not included as adoctrinal area,and expressed hope that the Board of Bar Examinerswould test that subject matter as foundational knowledge for NewJersey examinees.  \nThe Editorial Board is not alone in their hope to see Trustsand Estates covered as a Foundational Concept and Principle on thebar exam.Indeed,the organized bar of Trusts and Estates attorneys(e.g.,the American College of Trust and Estate Counsel)is bringingnational attention to the absence of wills and estates on the revampedUBE,and calling for it to be added to the NextGen UBE.Theyobserve that Trusts and Estates is an area that touches nearly allmembers of the public,and they opine that if it is not tested as afoundational concept on the bar exam,students will not beincentivized to take such courses in law school.The result,theycontend,will be that new attorneys will not have the knowledgenecessary to counsel clients and protect the public in this criticalarea of the law.”  \nThe Report further provides that:  \n\"The Committee is mindful of the concerns raised by thosewho advocate for the inclusion of Trusts and Estates on the exam.The Committee agrees that Trusts and Estates is an important andexpansive area oflaw that is relevant for most members of the publicin some way during their lifetimes.That said,the Committeeunderstands that Trusts and Estates will be tested on every NextGenexam in the coming ye","cbCaia7QhXcCPIRd","https://ap.wps.com/l/cbCaia7QhXcCPIRd","pdf",19733995,24,"English","# Response to NextGen Bar Examination Report\n## Request to keep trusts and estates as a foundational concept\n## Concerns about reliance on performance tasks and resources\n## Evidence cited from prior ACTEC comments and letters","[{\"question\":\"What is the main request ACTEC makes in response to the NextGen Bar Examination Report?\",\"answer\":\"ACTEC requests that New Jersey continue to test trusts and estates as a foundational concept, and that NCBE add trusts and estates as a Foundational Concept and Principle on the NextGen UBE or be included in any New Jersey state-specific supplemental exam.\"},{\"question\":\"Why does ACTEC object to limiting trusts and estates to performance tasks and resource use?\",\"answer\":\"ACTEC argues that performance-task-only coverage and reliance on legal resources falls far short of what is needed to ensure students are incentivized to take trusts and estates coursework and gain sufficient knowledge for competent practice.\"},{\"question\":\"What additional support does the letter provide regarding ACTEC’s prior involvement?\",\"answer\":\"The letter encloses a March 13, 2025 letter from the immediate past ACTEC State Chair, plus letters referenced to prior Supreme Court feedback, to support ACTEC’s position on including trusts and estates.\"}]","ACTEC Letter - Re: Comments on Ad Hoc Committee NextGen Bar Examination | PDF",1789959262]