Florida Probate Litigation: What is Duress?

In Florida trust and estates litigation, what is duress? Did you know that duress is a grounds for revocation of a will? What factors must be proven to establish duress in your Florida estate matter? If you are interested in learning more about duress, you may want to read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

Duress is when someone uses threats or force to get you to do something. For example, if your West Palm Beach probate lawyer told you to sign something or he would steal your car, that is duress. Here, the court defines duress as a ” condition of mind produced by an improper external pressure or influence that practically destroys the free agency of a party and causes him to do an act or make a contract not of his own volition.” Furthermore, the court explains that two factors must be established in order to prove duress: “(1) that the act was effected involuntarily and was not an exercise of free choice or will, and (2) that his condition of mind was caused by some improper and coercive conduct by the other side.”  To read the entire opinion, click here.