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
|Handout 1 (262.9 KB)||29 Pages||Available after Purchase|
|Evaluation Form (32.5 KB)||1 Pages||Available after Purchase|
Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group. He represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting-edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.