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Undue Influence and Duress in Estate Planning (Live Replay from October 27, 2023)

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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 provides 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

Monday, December 18, 2023
1:00–2:00 PM


  • Steven B. Malech, Wiggin and Dana LLP, New York City

March 28, 2023

North Carolina: 1.00 MCLE Hour

See pricing below.