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!

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.

What Our clients are saying

Klenk Law Logo
Stars

Dustin Ward

Jackie was fantastic! She helped prepare our will, her professionalism and organization was top notch! We highly recommend Jackie and Klenk Law.

Klenk Law Logo
Stars

John Rutigliano

Called and spoke to Juliet, she was very helpful and professional!

Klenk Law Logo
Stars

Paul A

Klenk was efficient and professional in designing and executing the necessary documents for my trust, will and associated paperwork after my moving to pa from out of state. This allowed an inherently unpleasant responsibility to be completed with minimal agony and diligence. His web site further enables executed document update and distribution with minimal fuss.

Klenk Law Logo
Stars

Bill Cass

My wife and I were thoroughly satisfied. We had very clear explanations of complicated subjects.

Klenk Law Logo
Stars

Alex Mangas

Extremely professional services with courteous, responsive communication. Would recommend to anyone.

Let us put our expertise to work for you.

Free consultation within 24 hours.