Seminar Title:
Dealing with the New No Contest Clause Legislation:
Problems, Pitfalls & Solutions
&
Avoiding the Draconian Dragnet of the §21350:
Prohibiting Transfers to Drafters, Fiduciaries & Caregivers
Instructor: Francis Burton Doyle, Esq., WealthPLAN
MCLE: 6.5 Credit Hours, including 1.5 Credit Hours of Legal Ethics (CalBar Approved Provider No. 13751)
Fee: $350. (2- Video DVD (MP4) Set & Seminar Workbook)
This intensive full-day primer will provide you with a comprehensive overview of these two hot topics in estate planning, the No Contest Clause and the §21350! This seminar is designed to help you understand the full impact of this legislation on your practice. You will learn how to choose the most beneficial strategy for protecting your clients’ testamentary intent. Most importantly, you will be prepared to avoid litigation after reviewing previously drafted No Contest Clauses to determine validity and effect! Learn how to deal with issues of mental capacity and undue influence! Learn what to do (and not to do) when analyzing the §21350 and avoid all the common mistakes. It’s your chance to get the tools, techniques, advice and strategies to both protect and serve your clients.
Critical Issues on the Agenda & Course Outline
Seminar Title: “Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions” & “Avoiding the Draconian Dragnet of the §21350: Prohibiting Transfers to Drafters, Fiduciaries & Caregivers”
Seminar Outline:
“Dealing with the New ‘No Contest Clause’ Legislation: Problems, Pitfalls & Solutions”
I. Overview and Fundamentals of the California Law Regarding No Contest Clauses
- Prior Statutory Law
- Prior Case Law
- The New Statute
- How the New Law Works
- Effective Dates
II. Problems
- “Safe Harbor” Petitions no longer available
- Dealing with the definition of “Probable Cause.”
- Dealing with Creditor’s Claims under the new statute
- Dealing with claims regarding ownership of decedent’s property
- Protecting the testator’s intent
III. Pitfalls
- Determining whether a contest is with probable cause
- Inadvertent disinheritance
- Protecting particular documents
- Meshing the new statute with existing case law
IV. Solutions
- Use No Contest Clauses Sparingly
- Draft No Contest Clauses with Precision
- Draft so that No Contest Clauses only pertain to creditor claims and claims to decedent’s property filed without probable cause
- Use conditional gifts and forced elections
- Review previously drafted No Contest Clauses to determine validity and effect
Avoiding the Draconian Dragnet of the §21350:
Providing Transfers to Drafters, Fiduciaries & Caregivers
V. Overview and Fundamentals of the §21350
- Purpose of the Statute
- Statutory Framework
- Who is a “Dependent Adult”
- Who is a “Care Custodian”
- The application of Bernard v. Foley.
- Who is a “drafter” for purposes of the statute
- Who is a “fiduciary” for purposes of the statute
VI. Statutory Exceptions
- The Blood Relative Exception
- The “Certificate of Independent Review”
- Other Exceptions
VII. Planning and Pitfalls
- Recognizing the need for a certificate of independent review.
- Properly obtaining a certificate of independent review
- Dealing with issues of mental capacity and undue influence
- Document drafting recommendations
- Client indemnification and waivers
VIII. Ethical Considerations
- Who is Your Client?
- Confidentiality in Third-Party Communications
- Assessing the Client’s Capacity
- Avoiding Fraudulent Transfers
- Conclusion and Summary
Seminar Title:
“Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions” &“Avoiding the Draconian Dragnet of the §21350: Prohibiting Transfers to Drafters, Fiduciaries & Caregivers”
Seminar Video DVD Description:
This seminar package includes a complete set of pre-recorded VideoDVDs (studio quality recording) of the live 8-hour seminar with case studies, Q & A and the latest legal updates in the practice of estate planning and trust administration. Advanced Legal Training Institute is a State Bar approved Provider No. 13751 and this seminar, upon completion, qualifies for 6.50 MCLE credit hours (including 1.5 credit hours of Legal Ethics).
CLICK HERE to Order/Purchase the Seminar Package entitled: “Dealing with the New No Contest Clause Legislation: Problems, Pitfalls & Solutions” & “Avoiding the Draconian Dragnet of the §21350: Prohibiting Transfers to Drafters, Fiduciaries & Caregivers”
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