What Is Undue Influence in Florida Probate Litigation?

Have you ever wondered what happens when someone pressures an aging or vulnerable loved one into changing their will? This situation is more common than many people realize, and Florida law has specific provisions to address it. In Daytona Beach and throughout Volusia County, families often find themselves questioning whether a will or trust truly reflects what their loved one wanted, or whether outside pressure played a role. Understanding undue influence in Florida probate litigation is an important first step for anyone navigating these difficult circumstances.

How Florida Law Defines Undue Influence

Under Florida law, undue influence occurs when someone exerts improper control over another person’s decision-making process to the point where the resulting document, such as a will or trust, no longer reflects that person’s true and independent wishes. In essence, the influencer substitutes their own desires for those of the person making the will.

Florida Statute § 732.5165 makes clear that a will is void if its execution was obtained through fraud, duress, mistake, or undue influence. Any portion of a will procured this way is also void, though the rest of the document may remain valid if it was not similarly tainted. This statute provides a meaningful legal avenue for beneficiaries and heirs who believe a loved one was manipulated.

What Courts Look for When Evaluating These Claims

Florida courts do not take undue influence claims lightly, and proving them requires more than a general suspicion that something was wrong. The courts rely heavily on a framework established by the Florida Supreme Court in the landmark case In re Estate of Carpenter, which identified a set of factors, often called the “Carpenter factors,” used to evaluate whether undue influence likely occurred. These factors include:

• Whether the alleged influencer was present when the testator expressed a desire to make a will
• Whether that person recommended or selected the attorney who drafted the will
• Whether the alleged influencer knew the contents of the will before it was signed
• Whether they provided instructions to the drafting attorney
• Whether the alleged influencer arranged for witnesses to the will
• Whether the alleged influencer took custody of the will after it was signed

No single factor is conclusive on its own, and courts weigh the totality of the circumstances. However, when several of these factors point in the same direction, a presumption of undue influence can arise, which then shifts the burden to the person defending the will to demonstrate it was not the product of improper pressure.

Signs That Undue Influence May Have Occurred

Are you noticing red flags that make you question whether a loved one’s final wishes were truly their own? Undue influence is rarely exercised in the open, which means it often must be demonstrated through circumstantial evidence. Some warning signs that courts and families find meaningful include a sudden and unexplained change to a will, especially one that cuts out longtime beneficiaries in favor of a new caregiver or companion. Other indicators can include the testator’s increasing isolation from friends and family, evidence of a close and controlling relationship with the person who ultimately benefits most, and signs of physical or cognitive vulnerability that may have made the deceased more susceptible to outside pressure.

These situations can be painful to confront, particularly when they involve a family member or someone who was trusted to provide care. However, Florida law exists precisely to protect people from this kind of exploitation, and those who believe undue influence may have taken place have legal options worth exploring.

Speak with a Daytona Beach Probate Litigation Attorney

If you have concerns about whether a will or trust was procured through undue influence, we encourage you to reach out to our team at Bundza & Rodriguez, P.A. Our Daytona Beach probate litigation lawyers serve clients throughout Volusia County and are familiar with the specific legal standards Florida courts apply to these sensitive disputes. We can help you evaluate the circumstances surrounding your loved one’s estate and determine whether pursuing a claim may be appropriate. Reach out to Bundza & Rodriguez, P.A. today to schedule a consultation and learn more about your options.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.5165.html