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

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

Recording of a 90-minute CLE webinar with 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.

Conducted on Thursday, January 18, 2018

Recorded event now available

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.


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.



  1. Substantive bases for will and trust document litigation
    1. Undue influence
    2. Lack of capacity
    3. Fraud
  2. Evidentiary challenges
    1. Effective use of witnesses
    2. Medical records
    3. Experts
  3. Planning techniques to prevent or mitigate evidentiary and proof issues
  4. Case law trends


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 his advantage?
  • What proactive techniques can help eliminate or mitigate challenges to clients’ estate or trust plans?


Bush, James
James A. Bush, Esq.

Law Offices of James A. Bush

Mr. Bush’s practice focuses on the litigation of trusts, estates, and probate matters. Matters in which he has...  |  Read More

Fried, Adam
Adam M. Fried

Reminger Co.

Mr. Fried concentrates his practice on matters of estate, trust, probate and guardianship controversy. He also counsels...  |  Read More

Malemud, Franklin
Franklin C. Malemud, Esq.

Reminger Co.

Mr. Malemud's practice focuses on the firm's probate court and trust litigation group which deals primarily...  |  Read More

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