Duress or Coercion
In a Will Contest, duress or coercion arises when the testator’s real belief in a threat causes him to change a Will, favoring the threatening person that he would otherwise not make.
Proving a Will is the Result of Duress or Coercion.
The judge hearing a Will Contest case can find the Will invalid due to Duress only if he or she hears the proper evidence. Gathering this evidence will require depositions, expert witnesses, interrogatories, witness interviews, subpoenaed documents, and evidence. Your attorney must present this evidence following the Rules of Evidence. The other side will most certainly try objectioning. Our experienced Will Contest Attorney will walk you through every step of this complicated journey.
Duress vs. Undue Influence.
Often confused with Undue Influence, because both Duress and Undue influence result in a change to a Will because of improper persuasion. They are different. Undue Influence results from improper use of influence, while Duress results from a threat or the actual performance of violence that coerces the testator to change the Will.
Who May Bring a Duress Will Contest Challenge?
Only an “interested party” may bring a Duress or Coercion Will Contest Challenge. A person would become an interested party if the Duress damaged them financially.
For example, if a caregiver’s Duress causes a patient to change her Will, reducing her brother’s inheritance, only the brother is an “interested party.” Others, who may know of and be angered by the duress, have no standing. They are not allowed to bring the matter to court.
Reasonable Prices | Years of Experience | We Stand With You, and We Fight For You.
Please contact us if you have any questions about a Will Contest based on Duress or Coercion or any other estate law topics. We can schedule a free consultation.
Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Probate Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand. We provide top-notch representation so you can make the best decisions for yourself and your family.
Will Contest
- Overview
- Undue Influence
- Duress or Coercion
- Fraud
- Forgery
- Lack of Capacity
- Will Contests Explained for the Non-Lawyer
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
Free Consultation
Client Review
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
Areas Served:
Philadelphia PA, Allentown PA, King of Prussia PA, Montgomery County PA, Bucks County PA, Doylestown PA, Jenkintown PA, Marlton NJ, Moorestown NJWhat Our clients are saying
Ian Marchant
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Elizabeth Ray
Peter and his associates were a pleasure to work with. He explained the process clearly and provided assistance nearly instantaneously. Highly recommended for trusts-and-estates-related needs!
Kevin K.
I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.
Christopher F.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
Glenn P.
Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!
Let us put our expertise to work for you.
Free consultation within 24 hours.
