question.jpgIn Trusts and Estates

Can a will be challenged because of duress?

A will can be challenged on the basis that a person was under duress at the time they created the will. If one were successful in this will contest, the will would be deemed entirely invalid. This is very similar to the idea that a will is void if it was drafted while its drafter was under an undue influence, with the major distinction being that undue influence is about a mental influence whereas duress is generally about physical violence and threats. So if you were forced to prepare and execute a will at knife- point, that will could be successfully challenged as being executed while you were under duress.