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

Overcoming Evidentiary Hurdles With Medical Records, Documentation, Experts, and Other Witnesses

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 3, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 9, 2025

or call 1-800-926-7926

This CLE course will prepare estate planning counsel to litigate challenges to the will or trust documents. Our panelists will discuss the substantive bases for challenging wills and trusts, differing procedural requirements, and handling difficult evidentiary issues.

Description

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.

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Outline

I. Substantive bases for will and trust document litigation

A. Undue influence

B. Lack of capacity

C. Fraud

II. Evidentiary challenges

A. Effective use of witnesses

B. Medical records

C. Experts

III. Planning techniques to prevent or mitigate evidentiary and proof issues

IV. Case law trends

Benefits

The panel will review these and other key issues:

  • What are the substantive bases for will and trust litigation?
  • What are best practices to either prove or defend against a challenge to a will or trust?
  • How can counsel effectively use various forms of evidence to their advantage?
  • What proactive techniques can help eliminate or mitigate challenges to clients' estate or trust plans?

Faculty

Doitch, Debby
Debby S. Doitch

Shareholder
KJMLAW Partners

Ms. Doitch has since 2009 defended a wide variety of business, employment and real estate disputes; handled family...  |  Read More

House, Mary
Honorable Mary House

Los Angeles County Superior Court, Retired​
ARC Case Administrators

Judge House retired in 2018 after 22 years on the Los Angeles Superior Court, where she presided over countless jury...  |  Read More

Attend on June 3

Early Discount (through 05/09/25)

Cannot Attend June 3?

Early Discount (through 05/09/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video