2023 Undue influence and duress in estate planning

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.