Editing Undue influence (section)

== Legal malpractice in estate planning ==
Lawsuits against estate planning attorneys have increased in recent years.<ref name=":2" /> Legal malpractice in trusts and estates is now considered to have the highest risk of exposure, representing 12% of all legal malpractice claims.<ref>{{Cite web|title=Brace for Impact: The Rise in Trusts & Estate Claims Against Attorneys|url=https://insurancefocus.usiaffinity.com/2018/02/brace-for-impact-the-rise-in-trusts-estate-claims-against-attorneys.html|access-date=2021-12-17|website=Insurance Focus - USI Affinity}}</ref><ref name=":8" /> Due to changes in privity laws, many states allow [[Third-party beneficiary|third-party beneficiaries]] to bring a lawsuit against an attorney who executed a will that is later deemed to be a product of undue influence.<ref name=":2" /><ref name=":8">{{Cite web|title=Trust And Estates Now Viewed As The Riskiest Practice Area For Malpractice Claims|url=https://www.lmick.com/item/trust-and-estates-now-viewed-as-the-riskiest-practice-area-for-malpractice-claims|access-date=2021-12-13|website=www.lmick.com|archive-date=2021-12-13|archive-url=https://web.archive.org/web/20211213202437/https://www.lmick.com/item/trust-and-estates-now-viewed-as-the-riskiest-practice-area-for-malpractice-claims|url-status=dead}}</ref><ref name=":9">{{Cite journal|last=Streisand|first=Adam F.|date=2011|title=Malpractice Melee: Fending Off the Disgruntled and Disappointed, An Estate Planner's Field Guide|url=https://ttu-ir.tdl.org/handle/2346/73569|website=ttu-ir.tdl.org}}</ref> Experienced estate attorneys tend to be vigilant of "red flags" indicative of undue influence during the drafting and execution of a will.<ref name=":6" /> Because a will is the most important document most individuals sign in their lives, and it affects property rights for all time, the process should be taken seriously.<ref name=":2" /><ref name=":6" /> Many attorneys incorrectly assume that estate planning is a simple area of law.<ref name=":6">{{Cite journal|last=Spencer|first=Kevin R.|date=2018-12-01|title=Good Estate Planning Process: A Panacea for Litigation|url=https://epj.us/article/18174-good-estate-planning-process-a-panacea-for-litigation|journal=Estate Planning & Community Property Law Journal|language=en|volume=11|issue=1|pages=137–159}}</ref><ref name=":8" /><ref name=":9" /> Some less-informed attorneys believe estate planning to be a simple, fast, and easy way to make a quick buck, this could not be farther from the truth.<ref name=":9" /><ref name=":6" />  An attorney involved in estate planning should exercise diligence and thoroughly document their work in the event they find themselves exposed to a malpractice suit.<ref name=":9" /><ref name=":6" /> Ignoring indications of UI by the estate planning attorney can put them in a precarious position of needing to explain why they redirected a testator's estate while their client was unduly influenced.<ref name=":6" />