Can a will be challenged if it was executed under duress?

Yes, a will executed under duress can be challenged in Pennsylvania. Duress is a legal term that describes a situation in which one person uses force or coercion against another to get them to do something against their will. Duress can invalidate a will, if it can be proven that the testator was not acting of their own free will, and/or if they were forced into signing the will. Challenging a will due to duress requires the challenger to prove that the testator was unlawfully influenced into signing the will. Factors that can be taken into consideration include the amount of time the testator had to consider their decision, if the testator had ample opportunity to seek legal advice, and if the testator had been threatened with physical or financial harm. In Pennsylvania, the burden of proof in a will challenge due to duress is on the challenger, meaning that it is the challenger’s responsibility to prove that the testator was influenced by duress. If successful, the court may decide to invalidate the will. Duress is a difficult concept to prove, so anyone considering contesting a will on the grounds of duress should talk to a probate lawyer to determine the best course of action.

Related FAQs

What is the difference between a living will and a last will and testament?
What is a death tax?
What powers do executors of wills have?
What is the difference between a will and a trust?
How do I know if someone has made a valid will?
What is an Intestate Estate?
How do I set up a trust to manage my investments?
How do I make sure my will is executed properly?
How are payments distributed through probate?
Can I make changes to a trust after I die?

Can a will be challenged if it was executed under duress?

Related FAQs

Related Blog Posts