Estate planning

What is the relationship between non-compete clauses and undue influence?


There are two ways to approach defending your last will or trust in a claim brought by an individual or individuals seeking to change the terms you have chosen. One way is to simply allow your personal representative or trustee to advocate for your choices. Another method is to include a non-compete clause that disinherits all claimants if they lose their challenge or even make the challenge in the first place.

A non-compete clause can be a powerful deterrent to a beneficiary who feels entitled to more than the stake offered if he knows that simply submitting a challenge will result in the forfeiture of that stake. But it is not a deterrent to a relative deleted from estate plan entirely. This may thwart the attempt of a relative seeking to actually protect your interest in how your property will be distributed upon your death or to recover money taken or spent by someone taking advantage of you before your death.

The non-compete clause requires more attention


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