This presentation will focus on identifying some of the issues that lead to disputes, and ways that planners can minimize the chance that they will inadvertently put the plan they create at risk. The presentation will include case studies and potential scenarios planners may find themselves navigating as donor capacity becomes an issue. To that end, the presentation will also discuss the two primary legal theories, incapacity and undue influence, that parties litigate in estate and trust disputes, as well as practical tips on what planners can do to help their clients avoid disputes.