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What is Duress or menace and Can it Invalidate a Will or Trust?

April 26, 2017duress invalidate menace Trust

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What is Duress or menace and Can it Invalidate a Will or Trust?

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Duress consists in [Civil Code § 1569]: (1) unlawful confinement of the person of a party, or of the party’s spouse, or of an ancestor, descendant, or adopted child of such party or spouse; (2) unlawful detention of the property of such person; or (3) confinement of such person lawful in form, but fraudulently obtained or fraudulently made unjustly harassing or oppressive.Menace consists of a threat of duress, of unlawful and violent injury to a person or the person’s property, or of injury to a person’s character. [Civil. Code § 1570] A will procured by duress or menace will is invalid. [See Probate. Code § 6104]. The laws is the same for Trusts.