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No Contest Clauses Demystified

Living in terror(em) of probate litigation

  • Product Number: 2260156WBC
  • CLE Credits, earn up to:
    2 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Pricing
  • Product Description

    Product Description

    In terrorem or “no contest” clauses seem like a reasonable way to honor a testator’s intent and discourage probate disputes. But, like most things in law, there is tremendous gray area in interpreting and applying the clauses, particularly when there are credible allegations of fiduciary or other misconduct. This new program assesses no-contest clauses through each stage of the probate process: drafting, probate administration, and potential litigation. Drafters learn how to advise estate planning clients about no-contest clauses while litigators learn how lawyers and courts tend to view and apply the clauses.

  • Agenda

    Agenda & Materials

    • 12:00 - 12:20 pm

      History and Objective of No Contest Clauses

      Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP , Natick
      Patricia L. Davidson, Esq., Mirick, O'Connell, DeMallie & Lougee LLP , Worcester
    • 12:20 - 12:30 pm

      Status of Massachusetts Law and Key Cases

      Panel
    • 12:30 - 12:40 pm

      Common Scenarios Requiring Assessment of No Contest Clauses

      Panel
    • 12:40 - 12:50 pm

      Challenging the Clauses and Procedural Issues

      Panel
    • 12:50 - 1:00 pm

      Balancing Good Faith Claims of Misconduct Against the Plain Language of the Clauses

      Panel
    • 1:00 - 1:10 pm

      Advising Potential Litigants

      Panel
    • 1:10 - 1:20 pm

      Whether and/or When to Discuss the Clauses with Estate Planning Clients

      Panel
    • 1:20 - 1:30 pm

      What Scenarios and Family Dynamics Should Be Discussed with Testators

      Panel
    • 1:30 - 1:40 pm

      Potential Scope and Limitations of the Clauses

      Panel
    • 1:40 - 1:50 pm

      Potential Alternatives for Diffusing Contention

      Panel
    • 1:50 - 2:00 pm

      Defending the Clauses

      Panel

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty

    Chair

    Patricia L. Davidson, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

    Faculty

    Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP, Natick
  • Pricing

    Fees

    • $157.50 - MCLE Sponsor Member
    • $87.50 - New Lawyer
    • $87.50 - Pending Admittee
    • $87.50 - Law Student
    • $87.50 - Paralegal
    • $175.00 - All Others
    To apply for a need-based scholarship for this program, email scholarships@mcle.org.

    Available FREE with an MCLE OnlinePass® subscription.

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