If there is reason to believe the will or trust may be challenged on undue influence grounds the estate planning attorney should consider including language in the will or trust that addresses the issue head on. The following is an example of such clause:
I recognize that my children SON and DAUGHTER may not understand my reasons for giving a larger share of my estate to GIRLFRIEND. They may believe that GIRLFRIEND influenced me to give her a larger share of my estate, and they may consider challenging the validity of this instrument. I state unequivocally that GIRLFRIEND has not asked me to make a larger gift to her, nor is she even aware that I am doing so. I have given very careful consideration to my testamentary affairs, and I affirm that the dispositions made in this instrument reflect my decisions, which I have carefully and unequivocally reached after careful deliberation and after seeking the advice and counsel of my attorney PERRY MASON, who has prepared this instrument at my direction. My attorney and I are initialing here, ________ (testator), _________ (attorney), to reflect my attention to and understanding of this paragraph.