It's important to understand that pre-litigation means pre-objection.
Pre-litigation discovery really comes into play in those states that allow in terrorem clauses in a will. An in terrorem clause typically provides that if a beneficiary unsuccessfully challenges the probate of a Will or any portion thereof, all provisions and bequests in favor of the beneficiary are voided. This video discusses that due to the incredibly harsh consequences of in terrorem clauses in a will and because they have the potential to be misused in order to deter legitimate Will challenges certain states permit pre-litigation discovery to determine whether grounds exist to challenge a will.
Agenda
Faculty
Steven H. Holinstat
Proskauer Rose LLP
- Co-Head of Proskauer Rose LLP’s Fiduciary Litigation Group
- Proskauer has received Tier One Rankings for Trusts & Estates Litigation by U.S. News Rankings
- Has a broad and diverse background in all aspects of high-stakes commercial litigation
- One of the firm’s principal fiduciary litigators and is the lead litigator in a number of high-net-worth trust and estate matters and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
- Aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD), and the International Chamber of Commerce
- Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
- Fellow of ACTEC (the American College of Trust and Estate Counsel)
- Member of the Surrogate’s Court Committee of the NYS Bar Association and the Litigation Committee of the NYC Bar Association
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