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
- Steven B. Malech, Wiggin and Dana LLP, New York City
March 28, 2023
North Carolina: 1.00 MCLE Hour
See pricing below.