When is Duress a Defense in a Florida Probate Lawsuit?

Was a person forced to sign an estate planning document that they did not wish to sign? Did your evil sister or brother threaten your mom to change her POA? If you feel that a signature on a will, POA, or any estate planning document was forced, you may be able to argue duress. However, West Palm Beach probate lawyers know that there are certain factors that must be established in order to prove duress. A Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor, defines duress and explains those factors. 

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.