November 13, 2009

Will 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, Will Challenges will likely only increase in quantity and complexity.

Laying the groundwork for a Will Challenge 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.

The other reality that confronts the parties to a Will Challenge early on is the need to preserve, hold, or otherwise deal with the assets of the estate while the parties duke it out. In a Will Challenge, suspicions run high on both sides and what happens to the estate assets, and who administers the estate in the interim, can consume a significant amount of oxygen and money.

Another reality is that the world has changed over the last 12 months and we now live in difficult and troubled economic times. Money no longer flows as freely as it once did. In this paper, I therefore hope to map out various options, strategies, tactics, and/or approaches that will assist parties embroiled in estate litigation to preserve, hold or otherwise deal with the estate assets in a cost effective and legally prudent manner.

Read the full paper here: Preserving, Holding, or Otherwise Dealing with Estate Assets during Litigation by Justin de Vries