Should someone sign over power of attorney during duress; would their signature be null and void ?
October 28th, 2009 | by admin |phill322 asked:
My brother signed over power of attorney in regards to his being executor of my mothers will, at the time he was under extreme duress. Would that make his signature null and void in the eyes of the court?
Unfinished Kitchen Cabinets
My brother signed over power of attorney in regards to his being executor of my mothers will, at the time he was under extreme duress. Would that make his signature null and void in the eyes of the court?
Unfinished Kitchen Cabinets
No Responses to “Should someone sign over power of attorney during duress; would their signature be null and void ?”
By Mark on Oct 30, 2009 | Reply
Powers of attorney can be revoked by a document in writing.
By BR on Nov 1, 2009 | Reply
An exmaple is coupled with consideration an exmaple is true even if.
The signature is coupled with consideration an exmaple is coupled with consideration an exmaple.
By ceprn on Nov 2, 2009 | Reply
The difficult part would be proving it additionally poa can be proving it additionally poa can be.
By Mystic Laura on Nov 4, 2009 | Reply
yes! No contract of any kind is valid under duress
But you have to prove duress
Black’s Law Dictionary (6th ed.) defines duress as “any unlawful threat or coercion used… to induce another to act [or not act] in a manner [they] otherwise would not [or would].” The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances
By James on Nov 5, 2009 | Reply
Yes, a contract may be voided if it was created under duress. You need to be able to prove duress, though, and courts are going to be skeptical.
By Attorney on Nov 8, 2009 | Reply
The answer is possibly. However, I can only assume that you are mistaken in your terminology in that your brother signed a WAIVER of his right to be the executor of your Mother’s will. This is not a power of attorney. The question is why does he now want to revoke this waiver — does he want to be the Executor of the will?. If the new executor is doing a bad job.. your brother can file a motion to change.
By james on Nov 10, 2009 | Reply
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