Identifying High-Risk Client Scenarios, Using In Terrorem and Arbitration Clauses, Documenting Engagement
Brian P. Corrigan and Joseph T. La Ferlita, partners at Farrell Fritz, will participate in the 90 CLE webinar with interactive Q&A.
This CLE webinar will provide estate planning counsel and advisers with a practical guide to structuring an estate plan in anticipation of potential challenges. The panel will discuss risk factors in identifying problematic beneficiaries as well as trust provisions, and will outline specific steps and practices to protect the trust drafter, trustee and trust protector or adviser from challenges.
Because fiduciary litigation involving trusts and estates continues to rise, estate planners and fiduciary advisers face increased risk of challenges to estate plans. A critical task for estate planning counsel is structuring an estate plan to follow the intent of the grantor while also protecting beneficiaries, trustees and the professional preparing the instrument.Planning professionals must recognize client situations that contain heightened risk for beneficiary litigation to challenge an estate plan. Where a will or trust document provides for disinheritance, disproportionate distribution or liquidity, the risk of challenge increases. Counsel should practice a degree of defensive planning to head off common beneficiary challenges.
Estate planners can minimize damage from a challenge by carefully documenting the stages of the estate plan, from the intake and initial meeting through any communication with the client or interested parties. Counsel should also consider additional defensive strategies in drafting estate documents and at the execution of the will or trust to minimize the risk of beneficiary challenges.
Listen as our experienced panel provides a practical guide to using defensive estate planning strategies to minimize the risk and impact of beneficiary challenges.
For an outline and link to registration please click here.