Common Drafting Pitfalls
The recurring errors that generate litigation and malpractice: ademption, abatement, tax apportionment, formula clauses, and more.
What this guide covers
- Prevent partial intestacy with a residuary clause, ultimate taker, and deliberate anti-lapse/survivorship language.
- Draft tax apportionment and marital/credit-shelter formulas to match intent — and re-test legacy formulas against the $15M exemption.
- Define family terms and fiduciary succession precisely, and keep documents, designations, and titling internally consistent.
The full guide includes the detailed analysis, worked examples, statutory citations, and related resources below.
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Educational reference, not legal advice. Prepared for licensed professionals as general reference; not legal advice and no attorney-client relationship is created. Law varies by state and changes over time — verify transfer-tax figures and statutory citations against current primary authority. This resource was last updated 2026-07-31. Estateur is not a law firm.