When crafting estate plans for their clients, estate-planning attorneys and other professionals should be mindful of potential evidentiary issues that may arise in the event of future legal challenges. By anticipating such possibilities and incorporating strategies upfront to address them, estate planners can ensure more successful outcomes in the event that family members or others challenge the estate plan in court.
This approach is reminiscent of the famous scene in the movie Patton, where General Patton, observing tank movements in battle against German forces, exclaims, “Rommel, you magnificent bastard, I read your book.”1 The import is that by understanding the tactics and strategies of one’s adversary, one can better position onese…
