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About the Course
Introduction
This CLE course will guide estates counsel on navigating beneficiary challenges to trusts and estate administration. The panel will discuss legal framework and key considerations for beneficiary challenges, 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.
Description
Fiduciary litigation involving trusts and estates continues to rise, with estate planners and fiduciary advisers facing 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.
Presented By
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. Mr. Bourque primarily handles probate litigation matters including will contests, fiduciary litigation to recover misfunded, misapplied or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust, estate, and closely held business disputes. A frequent writer and speaker, Mr. Johnson is known around the state as a thought leader in the fiduciary area. His award-winning blog, The Fiduciary Litigator, features recent case law, legislative changes, and other precedent that impacts fiduciaries in Texas. Mr. Johnson received the JD Supra 2020 Readers’ Choice Award for Wealth Management, which was his third year in a row for such an award. He was also named a “Go-To Thought Leader” in Fiduciary Litigation by the National Law Review in 2020. Mr. Johnson's experience in trust and estate disputes includes will contests, elder abuse, mental competency, undue influence, trust modification/reformation/clarification, breach of fiduciary duty and related claims. He also handles matters involving trust decanting, trust severance and joinder, account disputes, power of attorney disputes, suits for judicial instruction and discharges, heirship proceedings, suits to remove a fiduciary, and accountings. Additionally, Mr. Johnson has a transactional practice for trust departments in providing legal opinions on the construction of trust documents, documenting release and consent agreements, resignations, successor appointments, modification of trusts, trust mergers, trust severances, etc.
Mr. Rahn resolves contests, disputes and litigation related to trusts, estates and conservatorships, creating a welcome peace of mind for clients. He represents heirs, beneficiaries, trustees and executors. Mr. Rahn utilizes his experience to develop and implement strategies that swiftly and efficiently address the financial issues, fiduciary duties and emotional complexities underlying trust contests, estates conflicts and probate litigation. In 2026, he was featured in USA TODAY discussing the rise in inheritance disputes as wealth transfers between generations, emphasizing that effective planning requires not only legal and tax strategies, but also clear communication to protect both assets and family relationships. Mr. Rahn was also quoted in CNBC on the growing trend of “givers’ regret” among high-net-worth families. He noted that disputes over prior wealth transfers often reflect deeper family dynamics, where experienced trust and estate litigators can help guide families toward resolution.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, August 11, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Identifying risk areas of increased possibility of a beneficiary challenge
II. Potential grounds for beneficiary challenge
III. Engagement documentation
A. Identify possible undue influence scenarios
B. Using work papers to document the stages of the estate plan
C. Using video recording to memorialize the execution of the instrument and substantiate testator intent
IV. Drafting provisions to protect against challenges
V. Steps to take at the execution of documents
VI. Other strategies
The panel will review these and other key issues:
- Documentation and work papers to maintain in case of a challenge
- Identifying client scenarios and estate plan provisions/client intent that present increased risk of beneficiary challenge
- Benefits, risks, and limits of using certain clauses in wills and trusts to head off potential beneficiary litigation
- Extra steps to establish testamentary capacity in potentially high-risk plans
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