DRAFTING WILLS & TRUST DOCUMENTS TO REDUCE RISKS OF CHALLENGE First Run Broadcast: January 22, 2020 1:00 p.m. E.T./12:00 p.m. C.T./11:00 a.m. M.T./10:00 a.m. P.T. (60 minutes) A last will and testament is not always the final word of a testator. Wills frequently trigger long- suppressed family rivalries and resentments. With the testator no longer on the scene, children or other heirs are freed to express their resentments. These resentments often worsen when the will’s plan for allocating of money, valuable property or sentimental items is made known, leading to dispute and litigation. These disputes can be very time-consuming and costly resolve, sharply diminishing the value of an estate. This program will discuss grounds for will contests and practical steps lawyers and their clients can take to avoid challenge. • Spotting red flags in will contests – disinheriting close family members, unequal treatment of children, unusual behavior of testator & more • Sources of law in will contests – grounds for challenging wills • Practical steps to avoid will contests – will ceremonies, videotaped testaments, witness selection, affidavits • Use of In Terrorem provisions to prevent will contests • Issues surrounding holographic wills and other informal wills 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 is 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.
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DRAFTING WILLS & TRUST DOCUMENTS TO REDUCE RISKS …DRAFTING WILLS & TRUST DOCUMENTS TO REDUCE RISKS OF CHALLENGE First Run Broadcast: January 22, 2020 1:00 p.m. E.T./12:00 p.m. C.T./11:00
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Transcript
DRAFTING WILLS & TRUST DOCUMENTS TO REDUCE RISKS OF CHALLENGE
A last will and testament is not always the final word of a testator. Wills frequently trigger long-
suppressed family rivalries and resentments. With the testator no longer on the scene, children or
other heirs are freed to express their resentments. These resentments often worsen when the will’s
plan for allocating of money, valuable property or sentimental items is made known, leading to
dispute and litigation. These disputes can be very time-consuming and costly resolve, sharply
diminishing the value of an estate. This program will discuss grounds for will contests and practical
steps lawyers and their clients can take to avoid challenge.
• Spotting red flags in will contests – disinheriting close family members, unequal
treatment of children, unusual behavior of testator & more
• Sources of law in will contests – grounds for challenging wills
• Practical steps to avoid will contests – will ceremonies, videotaped testaments, witness
selection, affidavits
• Use of In Terrorem provisions to prevent will contests
• Issues surrounding holographic wills and other informal wills
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 is 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.
VT Bar Association Continuing Legal Education Registration Form
Please complete all requested information, print this application, and fax with credit info or mail it with payment to: Vermont Bar Association, PO Box 100, Montpelier, VT 05601-0100. Fax: (802) 223-1573 PLEASE USE ONE REGISTRATION FORM PER PERSON. First Name ________________________ Middle Initial____ Last Name__________________________
Drafting Wills & Trust Documents to Reduce Risks of Challenge Teleseminar
January 22, 2020 1:00PM – 2:00PM
1.0 MCLE GENERAL CREDITS
PAYMENT METHOD:
Check enclosed (made payable to Vermont Bar Association) Amount: _________ Credit Card (American Express, Discover, Visa or Mastercard) Credit Card # _______________________________________ Exp. Date _______________ Cardholder: __________________________________________________________________
VBA Members $75 Non-VBA Members $115
NO REFUNDS AFTER January 15, 2020
Vermont Bar Association
CERTIFICATE OF ATTENDANCE
Please note: This form is for your records in the event you are audited Sponsor: Vermont Bar Association Date: January 22, 2020 Seminar Title: Drafting Wills & Trust Documents to Reduce Risks of Challenge Location: Teleseminar - LIVE Credits: 1.0 MCLE General Credit Program Minutes: 60 General Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your responsibility to adjust CLE hours accordingly.