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Will Drafting

ENDWEL

About This Case

Our office was engaged to draft a comprehensive will and estate plan for Mr. B, a prominent business leader with one of the most complex asset portfolios in our firm's history. With over 200 distinct assets across 14 jurisdictions, including multiple businesses, real estate holdings, intellectual property, digital assets, and a significant art collection valued at over $450 million, this case set an internal record for complexity in our firm's will drafting practice. The client's family structure, involving multiple marriages, minor children, adult children, and charitable interests, further complicated this high-stakes planning process.
CatogoryWill Drafting
Time FrameAugust 2023 - February 2024 (7 months)

Case Overview

Mr. B, a 67-year-old technology entrepreneur and investor, approached our firm after a serious health scare prompted him to formalize his estate plans. Having built his fortune through multiple successful ventures and strategic investments over four decades, Mr. B had accumulated an extraordinarily diverse portfolio of assets but had never established a comprehensive estate plan. His existing will, drafted 18 years prior, failed to account for his substantially increased wealth, numerous new assets, and significant changes in his family structure. The client's personal circumstances presented numerous planning challenges. He had three adult children from his first marriage, two minor children (ages 12 and 14) from his current marriage, and significant ongoing financial obligations to his former spouse. Additionally, he had developed passionate philanthropic interests in education and medical research, wishing to dedicate substantial portions of his estate to these causes. His citizenship and tax exposure in multiple countries further complicated the planning process, as did his ownership stakes in several privately-held companies where succession planning and ownership transfer restrictions needed careful consideration. Perhaps most challenging was Mr. B's extensive collection of digital assets, including cryptocurrency holdings, NFTs, and intellectual property related to his technology ventures. These assets required specialized knowledge to properly document, value, and create appropriate transfer mechanisms. His art collection, built over 25 years and including several museum-quality pieces, needed specialized planning to address issues of valuation, insurance, physical storage, and his desire to keep significant portions of the collection intact rather than liquidated upon his death.

Challenge

The central challenge in this case was creating a comprehensive will and estate plan that would effectively address the unprecedented complexity of the client’s assets while balancing his family obligations and philanthropic goals across multiple jurisdictions. We needed to develop innovative solutions for digital asset succession (an evolving area of law), create a framework for business succession that wouldn’t disrupt operations, protect his minor children’s interests over a long time horizon, minimize global tax implications, and document everything with exceptional precision to prevent future challenges. All of this needed to be accomplished while maintaining strict confidentiality given the client’s public profile and creating flexible mechanisms that could adapt to rapidly changing asset values and future family developments.

Our Process

Step 1: Comprehensive Asset Discovery and Documentation

We implemented our firm’s most rigorous asset discovery protocol, beginning with a series of structured interviews with Mr. B, his financial advisors, business partners, and art curator. We developed a customized secure digital portal where all asset documentation could be confidentially uploaded and categorized. For each asset category, we assembled specialized teams, including digital asset specialists for his cryptocurrency holdings, intellectual property attorneys for his patents and technology interests, art appraisers for his collection, and international tax experts for his global holdings. This exhaustive process resulted in a 78-page asset inventory with detailed documentation, ownership structures, valuation methodologies, and jurisdictional considerations for each asset.

Step 2: Family Needs Assessment and Beneficiary Planning

We conducted private consultations with Mr. B to clearly establish his wishes regarding family provisions and philanthropic goals. Using advanced financial modeling, we projected the potential needs of his minor children through adulthood, including education, healthcare, and lifestyle considerations. We addressed complex family dynamics through carefully structured trust provisions with clearly defined trustee responsibilities and conflict resolution mechanisms. For his philanthropic interests, we collaborated with nonprofit law specialists to design custom charitable structures that would maximize impact while providing tax advantages. Throughout this process, we used visualization tools and scenario planning to help Mr. B understand the long-term implications of different distribution approaches.

Step 3: Multi-Jurisdictional Coordination and Tax Optimization

Given the global nature of Mr. B’s assets and family interests, we assembled an international team of legal experts across the relevant jurisdictions. Through a series of coordinated planning sessions, we identified potential conflicts in succession laws, tax implications, and reporting requirements. We developed a master strategy document that optimized the global structure while ensuring compliance with each jurisdiction’s requirements. For his digital assets, we created pioneering custody and transfer protocols that addressed the unique challenges of these holdings, including security, access credentials, and valuation fluctuations. We also designed specialized provisions for his art collection that included options for museum donations, family retention, and strategic liquidation based on market conditions and tax considerations.

Step 4: Documentation and Future-Proofing

The final phase involved creating a comprehensive set of legal documents that would withstand potential challenges and adapt to changing circumstances. We drafted the primary will with exceptional precision, supported by multiple specialized trusts, business succession agreements, digital asset memoranda, letters of wishes for art distribution, and detailed executor instructions. We implemented a robust witnessing and documentation protocol exceeding statutory requirements to prevent future contests. We also created a secure digital vault containing all relevant passwords, access credentials, and specialized instructions for digital assets. Finally, we established a formal review protocol that would trigger automatic reassessment of the plan based on significant life events, substantial changes in asset values, or relevant changes in estate law across the applicable jurisdictions.

Result

After seven months of intensive work, we delivered what became known within our firm as our “record” estate plan – the most comprehensive will and estate planning package we had ever produced. The final documentation included a meticulously drafted 42-page will, supported by 17 specialized trusts, business succession agreements for 8 companies, detailed provisions for over 150 digital assets, and a custom-designed framework for managing his art collection. Mr. B gained peace of mind knowing his complex affairs were properly organized to provide for his family, support his philanthropic vision, and protect his legacy. The plan successfully minimized potential tax burdens across multiple jurisdictions while establishing flexible mechanisms that could adapt to changing circumstances. Following completion, several aspects of our innovative approaches to digital asset succession and international art collection management were anonymized and published in legal journals, establishing new best practices in the estate planning field.

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