Monday, January 28, 2019, 2:30-3:30pm
Wills and trust instruments are fertile sources of dispute and fiduciary litigation.
Instruments that are not clearly drafted can lead to a tribunal interpreting and construing them in ways that the testator or settlor may not have intended.
Similarly, instruments that are ambiguous or just fail to make major decisions (often in a bid to avoid the emotional toll of making difficult family decisions) also frequently lead to family dissension, conflict, and litigation.
Except in the largest estates, conflict of this type can rapidly deplete the value of the estate and sow additional bitterness among heirs.
This program provides the trust and estate planner a guide to spotting red flags and avoiding traps in planning that lead to conflict and litigation.
- Spotting red flags in will and trust instruments – what’s most likely to cause dispute and litigation?
- Common bases for challenging trusts and wills
- Disinheriting close family members, unequal treatment of children, unusual behavior of testator & more
- Issues surrounding holographic wills and other informal wills
- Caretakers, undue influence, and duress
- Videotaping client testaments – effective tool or quagmire?
- Use of In Terrorem provisions to prevent will contests
- Best practices to avoid fiduciary litigation
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