Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity.
Laying the groundwork for Will and POA challenges is obviously crucial. The proper footing will (1) provide certainty to the process; (2) give confidence to the client that a secured “game plan” is in place; (3) organize the professional life of a busy advocate; and (4) promote a winning outcome.
This paper looks at several factors that may impact on Will or POA challenges. However, this paper largely focuses on orders for directions and how they can, and should, be used in Will or POA challenges.
Read the full paper here.
