Legal Articles

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…

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