From the enactment of the SECURE 2.0 Act to the issuance of a proposed rule on access to beneficial ownership information under the Corporate Transparency Act, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

If you have a client that believes a loved one was unduly influenced to change their estate plan, can that client object to the estate plan during their loved one’s life? Or, is the case not ripe until after the loved one’s death? This issue was recently litigated in Maryland.

A Review of Estate Planning Techniques for High and Low Rate Environments

Written by Emily A. Plocki, JD, LL.M and Anna Katherine Moody, JD, LL.M

We are in a time when economic factors such as volatile financial markets and fluctuating interest rates combine to impact the effectiveness of a variety of estate planning techniques. From 2009 through 2021, interest rates sank to and remained at historic lows. However, due to various economic pressures, rates are on the rise, and it is important for clients and advisors to consider the estate planning opportunities that are most effective in the changing interest rate environment. Certain planning strategies and structures work best when interest rates are high compared to those that are implemented in low interest rate environments. While the current uncertain environment may—understandably—cause clients to hesitate to engage in a significant gifting regime, clients should review their balance sheets with their attorneys and financial advisors and discuss whether any of the planning structures described below provide an attractive planning opportunity for the client’s particular circumstances.