You Can Take It with You — Assuring Compliance with Decedent’s Wishes in an Era of Litigation and Flexibility
This panel discussion will focus on the many ways estate plan objectives can be modified and frustrated post-death, and strategies to avoid those changes. Topics will include the current state of In Terrorem clause enforcement; the role of arbitration clauses in wills and trusts; judicial intervention through construction of ambiguities and reformations; the growing use of Non-Judicial Settlement Agreements through Virtual Representation statutes; Total Return and Directed Trust Conversions; Decanting; and Disclaimers. The panelists will discuss policy issues arising in locking in planning objectives opposed by beneficiaries and the courts, as well as trends in the use of preventive measures to defeat statutory modification remedies, like Decanting. The panel will also discuss the role Judges play in determining intent and how planners can assist with that task. Speakers: David A. Baker, Chicago, IL Kristen E. Caverly, San Diego, CA Honorable C. Jean Stewart Denver, CO
ACTEC 2016 Annual Meeting March 17, 2016 Las Vegas, NV
