2023년 3월 24일 금요일

What is duress that could invalidate a will under English law?

Duress, in the context of English law, refers to the use of coercion or threats to force someone into making a will or altering their existing will. If a will was made under duress, it may be considered invalid by the court. Duress can take many forms, such as physical violence, threats of harm, or psychological pressure. For example, if someone threatens to harm a family member if the person does not make a will in a certain way, the will may be considered invalid due to duress. In order for duress to invalidate a will, it must be shown that the person making the will was subjected to coercion or threats that caused them to act against their own free will. It must also be shown that the duress had a direct and immediate impact on the making of the will, and that the person would not have made the will in the same way if they had not been subjected to duress. If duress is proven, the court may declare the will to be invalid, and the person's property may be distributed according to the laws of intestacy. The court may also consider other factors, such as the person's age and mental capacity, to determine whether the will is valid or not.

댓글 없음:

댓글 쓰기