WebCredenza 2024 Drafting wills and trust documents to reduce risks of challenge

A last will and testament is not always the final word of a testator. Wills frequently trigger long-suppressed family rivalries and resentments. With the testator no longer on the scene, children or other heirs are freed to express their resentments. These resentments often worsen when the will’s plan for allocating money, valuable property or sentimental items is made known, leading to dispute and litigation. These disputes can be very time-consuming and costly to resolve, sharply diminishing the value of an estate. This program will discuss grounds for will contests and practical steps lawyers and their clients can take to avoid challenge.

• Spotting red flags in will contests – disinheriting close family members, unequal treatment of children, unusual behavior of testator and more.
• Sources of law in will contests – grounds for challenging wills.
• Practical steps to avoid will contests – will ceremonies, videotaped testaments, witness selection, affidavits.
• Use of In Terrorem provisions to prevent will contests.
• Issues surrounding holographic wills and other informal wills.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.