Trust Law Partners Blog

We understand how complicated it can be to navigate trust disputes. Our blog is designed to give you the information needed to better understand how to protect your interests as trustees.


Making your estate plan safer after you die

While obtaining a certificate of independent review can potentially provide some level of protection against estate plan contests, it does not guarantee that the plan will be completely immune from challenges. Estate planning is a complex legal process, and the enforceability of a plan depends on various factors, including the laws of the jurisdiction, the competency of the testator (the person making the plan), and the circumstances surrounding the creation of the plan.

An independent review is typically conducted by a qualified professional, such as an attorney or financial advisor, who examines the estate plan to ensure that it reflects the testator’s intentions and that they had the mental capacity to make informed decisions. This review can help strengthen the validity of the plan and provide evidence that the testator understood the implications of their choices.

However, it’s important to understand that even with an independent review, challenges to an estate plan can still arise. Family members or interested parties may contest the plan for various reasons, such as alleging undue influence, lack of mental capacity, or fraud. In such cases, the court will evaluate the evidence presented and make a determination based on the applicable laws and the specific circumstances of the case.

To help maximize the enforceability of an estate plan, it is advisable to consult with an experienced estate planning attorney who can provide guidance based on the laws of your jurisdiction and help create a comprehensive and well-documented plan. Additionally, maintaining open communication with family members and explaining the rationale behind your decisions may help reduce the likelihood of disputes in the future.