Elderly and other clients with diminished physical or intellectual capacity are often the victims of undue influence or duress in disposition of their property. They are often dependent on a caregiver, relative or other person for social interaction or essential mobility and functioning. This makes them ripe for exploitation by the unscrupulous. From a trust and estate planner’s perspective, undue influence and duress undermine the client’s true intent and jeopardize the validity of estate and trust instruments. This program will provide you with a world guide to spotting warning signs of undue influence and duress, drafting considerations, and the risks of litigation challenging trust and estate plans.
• Undue influence and duress risks in trust and estate planning.
• Elements of undue influence – motive, opportunity and actual exercise.
• Understanding what constitutes duress.
• How to spot warning signs or red flags of undue influence and duress.
• Drafting considerations to preserve the true intent of a client and prevent challenges.
• Court battles – burdens of proof, assessing likelihood of successful challenges.
|Materials||Available after Purchase|