ALI CLE Preventing Estate Litigation: Planning Techniques That Work - Or Do They?

Thursday, September 14, 2023
12:00 PM - 01:00 PM

Join ACTEC Fellows Christine Socha Czapek, Shane Kelley and Clary Redd

Why You Should Attend

Beneficiaries, or those who thought they should have been beneficiaries, sometimes think they have grounds to challenge all or part of an estate plan. Financial incentives often underlie these motivations. When designing or implementing an estate plan, certain techniques and strategies can be considered to help dissuade or derail such challenges, but if used improperly or injudiciously, can also backfire badly.
This program explores the use of particular drafting tactics that can reduce the likelihood or need for beneficiaries and fiduciaries to litigate contested estates, what states allow them, and under what circumstances they can be most effective.

What You Will Learn

Join a panel of experienced estate planners – all Fellows of ACTEC – as they discuss and evaluate several common techniques and strategies that can help to avoid disputes that lead to estate plan litigation, including:

  • “no contest” (in terrorem) provisions – types of clauses, their enforceability, suits to construe, and declaratory judgment actions
  • arbitration clauses in wills, trusts, and will “substitutes”
  • medical exams to confirm mental capacity to make a will or trust
  • incorporation by reference – the required elements and where its used
  • vesting and closing of classes of beneficiaries.


All registrants will receive a set of downloadable course materials to accompany the program.

Who Should Attend

All estate planners and advisors looking to deter future estate, will, and trust contests will benefit from watching this webcast from ALI CLE and ACTEC.