Interpretation and Construction of Wills Out of Stock
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About the Seminar - Computer Based Audio ONLY programs (No Video) - DOES NOT QUALIFY FOR CLE BIG TICKET
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 will provide 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
About the Speaker
Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm's probate litigation practice group. He represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE credit hour.
This seminar is an Intermediate level program.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2020, please use this course code: 201709ADT.
Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2021, please use this course code: 213335ADT.