2023 Undue influence and duress in estate planning

Recording available after original program date, 10/27/2023

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.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.