In this episode of Future Focused: Sophisticated Estate Planning, Host Michael Clear is joined by Litigation Partner Michael Kenny, where they discuss the complexities of probate disputes, focusing on will contests, particularly related to undue influence and testamentary capacity. As people live longer and healthier lives, Michael Kenny notes that there is growing awareness of complex personal relationships that extend beyond traditional family heirs. They review legal standards, evidentiary challenges, emerging trends, and methods for reducing disputes during estate planning, such as including no-contest clauses and ensuring the decedent’s intentions are conveyed directly to the draftsperson rather than through an intermediary who could exert influence.
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Resource Links:
- Future Focused | Wiggin and Dana LLP (privatewealthinsights.com)
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- Overuse of Beneficiary Designations: How They Can Derail a Client’s Estate Plan
- Probate Litigation Alert: Connecticut Supreme Court Affirms Validity of No Contest Clauses
- Discretionary Trust Assets Deemed “Marital Property” in Divorce Judgment: Massachusetts Appellate Court Issues Troubling Ruling That Could Impact Estate Planners Across the U.S.
- Enforcement of a No-Contest Clause
- Speaker Showcase: Strategies for Navigating Disputes in Contested Matters with Steve Malech and Matt Smith
- Importance of Recordkeeping for Agents under a Power of Attorney
- New Guidance on No Contest Clauses in Connecticut