Matthew Smith, Partner at Wiggin and Dana LLP will explore how recent developments in divorce and probate litigation are influencing estate planning strategies. With courts taking a closer look at trust structures, capacity, and undue influence, estate planners must stay ahead of the curve to protect client intentions and minimize future disputes.
Matt will examine key divorce cases that impact the treatment of trust assets and beneficial interests, and discuss how evolving standards in probate litigation, particularly around capacity and undue influence, are reshaping how we draft and defend estate plans.
By the end of this session, participants will be able to:
• Analyze recent divorce case law and its implications for trust planning and asset protection.
• Identify trust structures and provisions that are more (or less) vulnerable in divorce proceedings.
• Understand evolving legal standards for capacity and undue influence in probate litigation.
• Apply litigation insights to strengthen estate planning documents and reduce the risk of future challenges.
• Anticipate disclosure and evidentiary issues that may arise in both divorce and probate contexts.
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