November 01, 1999

Defensive Strategies for Potential Will and Trust Contests (1999, 13:06)

Defensive Strategies For Potential Will and Trust Contests

Probate and Property, November/December 1999, Volume 17, Number 6

By Louis S. Harrison
Louis S. Harrison is a partner with Lord, Bissell & Brook in Chicago, Illinois, and is a member of the Probate and Trust Division's Postmortem Transfer Tax Planning (I-1) and Technology and Economics (K-2) Committees.

As a general rule, estate planning professionals are better served by not doing an estate plan in a case involving a beneficiary who is likely to sue. The amount of time, attention and the potential problems caused by a challenging beneficiary, including a surviving spouse, make it rarely worth the potential fees.

Defensive Strategies For Potential Will and Trust Contests
By Louis S. Harrison

As a general rule, estate planning professionals are better served by not doing an estate plan in a case involving a beneficiary who is likely to sue. The amount of time, attention and the potential problems caused by a challenging beneficiary, including a surviving spouse, make it rarely worth the potential fees.

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