Continuing Legal Education

TELESEMINAR: Portability of the Estate Tax Exemption: Planning, Compliance and Drafting Issues – A National Perspective

July 2, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours


“Portability” is a relatively new concept in estate planning. Introduced in 2012 for a two-year period, portability allows a spouse to transfer – or make “portable” – the unused portion of his or her lifetime gift tax exclusion to the other spouse.  Though it had great potential to lower taxes and achieve other goals, estate planners were reluctant to recommend its use because it was set to expire in 2012.  But the recently enacted “Fiscal Cliff” law makes portability permanent, opening new opportunities for its use and calling into question the utility of credit shelter and bypass trusts.  This program will provide you with a guide to understanding portability, real-world planning opportunities with it, and how its use will impact the use of credit shelter and other types of trusts. 


  • Understanding portability – what is it and how it alters current practice
  • Mechanics of properly electing portability – timing, process, traps
  • Special issues related to portability and second marriages
  • Integrating portability into a client’s overall estate and trust plans
  • The limitations and risks of portability
  • How portability impacts credit shelter and bypass trusts
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Program Speakers:
Daniel L. Daniels
, Wiggin and Dana, LLP, Connecticut
David T. Leibell, Wiggin and Dana, LLP, Connecticut


Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.

David T. Leibell is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where he has an extensive estate, trust and charitable giving practice. He previously worked in the financial services industry, specializing in the financial aspects of estate planning.  Mr. Leibell is a frequent lecturer on fiduciary topics throughout the United States, and has authored many articles on charitable, estate and tax planning topics.  He is the author of a monthly column in “Trusts & Estates” magazine.  He also authors a column for “Registered Representative Magazine.”  Mr. Leibell received his B.A. from Trinity College and his J.D. from Fordham Law School.