The New No Contest Clause & §21350

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 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”

E-MAIL us with questions or call (650) 960-3772

Seminar Information

Your Instructor: Francis B. Doyle, Esq., WealthPLAN, the presenter, is a member of the State Bar of California and is certified by the California State Bar as a specialist in taxation law and probate, estate planning and trust law. In addition, Mr. Doyle is a frequent lecturer for  Lorman Education and National Business Institute (NBI). Mr. Doyle is the founder of WealthPLAN and brings over 30 years of experience in tax, estate planning, probate and trust administration. He is also a professor at Lincoln Law School of San Jose, where he teaches the wills and trusts and real property courses and is a member of the Academic Standards Committee. Mr. Doyle is the immediate past president of the Santa Clara County Estate Planning Council. He is Chair, Planning Committee, Annual Jerry A. Kasner Estate Planning Symposium, Santa Clara University, School of Law. Mr. Doyle presently serves on the Santa Clara University Planned Giving Committee, the Diocese of the San Jose Planned Giving Committee and the Notre Dame High School Endowment Committee. Mr. Doyle is the past president of the Silicon Valley Planned Giving Council and past chair of Planned Giving for the Foundation for Hope. Mr. Doyle received his B.A. degree from Santa Clara University, his J.D. degree from the University of San Francisco Law School and his M.S. degree in taxation from Golden Gate University. Prior to founding WealthPLAN, he was a shareholder at a large San Jose law firm, where he specialized in tax and estate planning, trust administration and trust litigation.

Seminar Workbook and Written Materials
As a registered participant, you will receive a professionally prepared manual with each seminar recording. The comprehensive Seminar Workbook contains both forms and practical exercises to help you learn and remember everything that is covered during the seminar. It is a valuable reference tool designed to help you understand the concepts and nuances of the integrated estate planning process from start to finish.

Continuing Education Credit
Advanced Legal Training Institute is a State Bar approved MCLE sponsor and each course qualifies for 6.50 MCLE hours. Please remember to indicate your license number, ID or other necessary information on the online order form, as this will ensure timely reporting of continuing education credit. The State Bar of California has approved each seminar in the Integrated Estate Planning Seminar Series for 6.50 Credit Hours of MCLE credit, including 1.5 Credit Hours of Legal Ethics.

Our Mission
Advanced Legal Training Institute is dedicated to helping attorneys meet their Continuing Legal Education (CLE) hours in a simple “All-Your-MCLE-in-a-Box” system. We offer the most relevant, state-of-the-art legal education available, including:

• Live and recorded MCLE seminar & teleseminar packages (half-day and full-day)
• Audio CD & Video DVD self-study materials, seminar workbooks & forms
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• Consulting & coaching services including complex estate planning techniques, law firm development & business succession planning
• Estate Planning Updates

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