Avoiding Trust and Estate Probate Challenges: Minimizing and Litigating Claims of Undue Influence, Fraud, Capacity, and Mistakes

Estate planning counsel must be vigilant in developing and honing their litigation practice. Counsel should focus on understanding the complexities involved in proving or defending against challenges to the will or trust document.

Evidence—identifying, collecting, managing, and using evidence to prove or defend against challenges to a will or trust document—is the first and most difficult hurdle for counsel. Given the fact-sensitive nature of these challenges, counsel must be proficient in the use of witnesses, key documents, and experts.

Counsel must also institute preventive techniques that anticipate and deter challenges to the client's estate and trust plans. Our panel will outline their time-tested techniques for the drafting and execution phase of will and trust documents.

Listen as our distinguished panel discusses the most recent case law on will and trust litigation and the complex substantive bases for challenges. You will learn approaches that can either undermine or minimize the potential undoing of will and trust documents.