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

Yes, a will can be challenged if it was executed under duress. In Tennessee, a will can be challenged and declared void by a court if a person is found to have exercised "undue influence" in its creation. Undue influence is commonly the result of duress, and can occur when a person is persuaded to make decisions against their will or better judgment. For example, if an elderly person is coerced or threatened to sign a will that leaves their estate to an unexpected heir, instead of to someone they had a close relationship with, they may be able to challenge the will on the basis of undue influence. The alleged perpetrator of the influence is then placed in the burden of proof to show that the will was made of the person’s own free will, without duress or any other type of coercion. The burden of proof for a case of undue influence is usually high, but in appropriate cases where it can be demonstrated that a will was created under duress, it could be successfully challenged. The courts in Tennessee are very familiar with cases of undue influence and know how to recognize them. As such, if an individual can demonstrate that duress or undue influence was present when creating a will, they may be successful in getting it declared void by the courts.

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

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