As estates lawyers, we are constantly communicating with elderly individuals who may be in very vulnerable situations.  Many of these individuals may be involved in abusive situations that may ultimately lead to litigation.

Abuse is multifaceted, especially with respect to elderly individuals. Not only can it be seen in the form of physical abuse; it can involve a range of issues from emotional neglect to outright abandonment.

It is very important when meeting with these elderly individuals to consider the following approach to ensure that their concerns are being met:

• Insist on meeting with the client alone – and in person;
• Ask probing questions to assess the reasoning behind instructions; and
• If there is another person involved with the drafting of the testamentary documents, don’t be afraid to aggressively probe for the existence of undue influence.

Will challenges and undue influence of elderly persons involved in abusive situations are unfortunately becoming more and more common through our practice and it is important to ask the right questions to ensure these situations are not occurring.

Thanks for reading and have a nice day!

Kiran Sanghera