Fiduciary flashpoints
As fiduciary litigation evolves, staying ahead of the latest developments is essential for any attorney handling trusts, estates, or powers of attorney. These cases are rarely straightforward. Imagine a spouse discovering trust assets they didn’t know existed during divorce, sparking a battle over marital property rights. Consider the turmoil that could arise when dueling powers of attorney surface, each naming a different agent with conflicting instructions.
Cut through the confusion with help from the Annual Fiduciary Update 2025. You’ll explore recent case law, sharpen your understanding of critical procedural rules, and develop a firm grasp of the unique challenges that can arise when fiduciary duties intersect with family dynamics, incapacity, and complex estate plans.
Fiduciary flashpoints
As fiduciary litigation evolves, staying ahead of the latest developments is essential for any attorney handling trusts, estates, or powers of attorney. These cases are rarely straightforward. Imagine a spouse discovering trust assets they didn’t know existed during divorce, sparking a battle over marital property rights. Consider the turmoil that could arise when dueling powers of attorney surface, each naming a different agent with conflicting instructions.
Cut through the confusion with help from the Annual Fiduciary Update 2025. You’ll explore recent case law, sharpen your understanding of critical procedural rules, and develop a firm grasp of the unique challenges that can arise when fiduciary duties intersect with family dynamics, incapacity, and complex estate plans.
Key topics include:
- Recent decisions from Wisconsin courts and notable developments from other Uniform Trust Code (UTC) jurisdictions
- Consolidation of probate and civil matters and the probate discovery statute
- Application of the Wisconsin Rules of Civil Procedure to discovery
- Privilege considerations, including the deceased client exception and attorney work product
- Remedies and procedural approaches to marital property claims involving trust assets
- Assessing and proving capacity to execute or revoke powers of attorney
- Handling competing powers of attorney and determining which document controls
Agent accountability
You’ll also explore agents' authority, duties, and liability risks and hear best practices for litigating against or defending agent conduct.
Whether you represent fiduciaries, beneficiaries, or individuals involved in estate and trust disputes, the Annual Fiduciary Litigation Update 2025 delivers essential strategies for practicing ethically and effectively.