Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

Duress or Coercion

In a Will Contest, duress arises when the testator’s real belief in a threat causes him to make a Will change favoring the threatening person that he would otherwise not make.

Proving a Will is the Result of Duress.

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 presented following the Rules of Evidence and subject to objections by the Will’s proponent. 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 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” Though other people may know of the Duress and be angered by it, they have no standing to bring the matter to court.

Reasonable Prices | Years of Experience | We Stand With You and We Fight For You.

If you have any questions about a Will Contest based on Duress or any other estate law topics, please contact us to schedule a free consultation.

For more than two decades Klenk Law has focused only on Estate Law. 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 and provide top notch representation so you can make the best decisions for yourself and your family.

What Our clients are saying

Klenk Law Logo
Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Klenk Law Logo
Stars

You & your staff are the best thank you for everything.

Klenk Law Logo
Stars

Integrity, exceeding the client's expectations. In-depth knowledge of the law

Klenk Law Logo
Stars

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!

Klenk Law Logo
Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Let us put our expertise to work for you.

Free consultation within 24 hours.