In his article for Bloomberg Law, Principal Ryan J. Szczepanik posits that anti-SLAPP motions should be prohibited in trust and will contest proceedings. Although anti-SLAPP motions are a powerful tool to combat SLAPP lawsuits, they have been abused by litigators threatening to use these motions against claims to enforce a no contest clause in the trust or will. According to Ryan, it’s time for them to go. #probatelaw #antiSLAPP
Jerry A. Kasner Estate Planning Symposium
California recently enacted its decanting statute. The new law allows an authorized fiduciary to modify the terms of an irrevocable trust without the beneficiaries’ consent or court approval. Nevertheless, the settlor’s intent must be preserved, and no beneficiary can object. Here’s how the law compares to the Uniform Trust Decanting Act (UTDA) and other state decanting statutes.
Clients frequently demand “bulletproof” trusts from their estate planning attorneys.