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Will Contests: Common Grounds for Challenges & How to Defeat or Avoid Them (Teleseminar)
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Will Contests: Common Grounds for Challenges & How to Defeat or Avoid Them (Teleseminar)

1 CLE hour

1/14/2015
When: 01/14/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781


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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
Will Contests: Common Grounds for Challenges & How to Defeat or
Avoid Them - 1 CLE hour

The most common (and often financially depleting) form of estate and trust litigation is the will contest.  Disappointed beneficiaries may contest the capacity of a testator to validly make a will or may contest that a will, though properly formed, was validly executed. When a will is made by an elderly client, allegations of the exertion of undue influence by caregivers or others, or even allegations of outright fraud, can easily arise.  In these and other circumstances, wills of clients with large or even modest estates are subject the rigors and substantial costs of litigation.  This program will provide you with a practical guide to the sources of will contests, standards of proof, factors contributing to the invalidation of wills in each instance, and practice tips on spotting red flags during the planning process.

Will contests – common sources of litigation, spotting red flags, and reducing risks
Capacity – standards for measuring mental acuity, burden of proof, factors indicating incapacity 
Undue influence – motive, opportunity, and effective exertion of influence that changes material provisions
Fraud – fraud in execution of documents v. fraud in the inducement
Absence of due execution – testator execution, witnesses, affidavits and other impairments
Practice tips – spotting red flags and reducing the risk of litigation

Speakers:

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.

Michael L. Kenny is an attorney in the New York office of Wiggin and Dana, LLP, where he has an extensive fiduciary, commercial and construction litigation practice.  He has experience in the prosecution and defense of cases in the federal, state and appellate courts as well as domestic and international arbitrations, including proceedings before the American Arbitration Association and the International Centre for Dispute Resolution.  Mr. Kenny received his B.A. from College of The Holy Cross and his J.D. from Fordham University School of Law.
 

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