Shielding Estate Planning Against Litigation

Litigation relating to estate planning seems to be increasing all over the country, and it is not limited to large estates.

Proactive steps can be taken now to drastically reduce the chances of your clients’ wishes being challenged. Some of the topics we will cover include:

  • Reducing the chances a disgruntled beneficiary will attack your client’s estate plan
  • Increasing the chances that the estate plan will be successfully defended using discretionary trusts, no-contest clauses, and conditional distributions
  • Common litigation scenarios and how to avoid them
  • Anticipating challenges based on dementia, lack of mental capacity, and undue influence
  • Dealing with beneficiaries’ spouses and divorces
  • Protecting against mismanagement by trustees and trust advisors
  • Using statements of intent and overcoming adverse presumptions