Florida Estate Litigation:Third Parties & Duress

What is duress? When can it be a defense in your estate matter? What should probate lawyers know about duress? Is duress applicable in your Florida trust lawsuit? If you are considering duress as a defense in your Florida case, or if you simply wish to learn more about duress, you should read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

This opinion defines duress in great detail and also explains the factors that need to be proven in order to establish duress. To establish duress, you must prove that “(1) the act was effected involuntarily and was not an exercise of free choice or will and (2) that this condition of mind was caused by some improper and coercive conduct by the other side.” It is so important to remember that the alleged coercion MUST come from one of the contracting parties, not a third party. This means that the person who caused the duress, or forced someone to sign a document, must be a contracting party. To read the entire opinion, click here.