Duress versus Undue Influence; Trust Contests & Litigation

In estate, will and trust litigation, duress and undue influence are sometimes alleged together. However, while they overlap in some areas, they are distinct legal theories.

To claim duress, a person must be oppressed by the wrongful conduct of another. In re Estate of McKenna, 500 S.W.3d 850, 860 (Mo. Ct. App. 2016). It is never duress to do what a party has a legal right to do. Id. Undue influence, on the other hand, does not require wrongfulness or illegality. See Security Savings Bank v. Kellems 274 S.W.112, 114 (Mo. Ct. App. 1925) (it is not duress to institute or threaten to file lawsuit based on what one views to be his/her legal rights).

As a general matter, then, most viable claims of duress are also undue influence claims, whereas an undue influence claim is not necessarily a duress claim.

Related Articles

Trust Interpretation, Litigation

October 21, 2024

When interpreting trusts, there are a number of guidelines to keep in mind. The Grantor’s intent – and the specific language utilized – are paramount when interpreting a trust. Matter of TR Potter, Jr. Exempt Trust, 593 S.W.3d 556, 562 (Mo. App. E.D. 2019). In carrying out this objective, the trust instrument is interpreted as a…

Read More

Reimbursement for Trustee Expenses, Unjust Enrichment

September 13, 2024

A trustee is typically entitled to reimbursement for expenses the trustee advances for the trust. Section 456.7-709, RSMo. Reimbursement is available for “expenses that were properly incurred in the administration of the trust.” Further, to the extent necessary to prevent unjust enrichment, expenses that were not properly incurred in the administration of the trust are…

Read More

Attorney Fees in Will Contests

January 10, 2024

The general rule is that a party is responsible for his/her own attorney fees in litigation, regardless of the outcome. The usual exception to this rule is if there is an applicable statute or contract which calls for an award of attorney fees. “Whether a trial court had authority to award attorney fees is a question…

Read More

Resulting Trusts

December 23, 2023

Resulting trusts and constructive trusts are nebulous equity concepts in the law. Both are generally viewed as remedies. Both are “implied trusts.” Colonial Presbyterian Church v. Heartland, 375 S.W.3d 190, 195 (Mo. App. W.D. 2012). A resulting trust is “implied by law to meet the requirements of justice that a legal status be given to what…

Read More
Scroll to Top