What It Means to Be Under Duress: Undue Influence vs. Duress


It can be more difficult to prove duress after a victim has died, but it is not impossible. Hiring an attorney to help with the process can improve your chances of success. 

If the elements of duress cannot be proven with the evidence you have, you could always try proving undue influence instead, since it is more common and may be easier to prove than duress. 

As an example, even if you cannot prove that a decedent had been under duress when making changes to their trust, you may be able to prove undue influence if the victim was vulnerable, had a close relationship with the influencer, and was manipulated to the point they acted against their own free will to favor the influencer.  

Regardless of whether you prove duress or undue influence, the consequences are likely to be similar in the context of probate.



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