What is undue influence? In Florida, people often “unduly influence” others to change a will or trust. That’s not proper. And not allowed. it’s actually fraud. A will or trust or bank account that is caused by this is not valid. Dis-inherited beneficiaries and loved ones can win back their inheritance if they prove the presence of undue influence. This concept is something that many beneficiaries and heirs want to know more about when it comes to a last minute will signing or inheritance. This Florida probate legal commentary will discuss what it is and the warning signs. To see an introductory, Free Probate Video on this topic, click HERE. What is Undue Influence in a Nutshell? Undue influence is a species of fraud. It has been described as over-pursuasion, force, coercion or duress. When someone does this, they, in essence, destroy the free will or free “mind” of the victim. And replace it with their own financial desires and motives. It is often said that a will or a trust document created by this force or coercion is NOT the product of the person signing the will or trust. But by the perpetrator. The fraudster. The “undue-influencer.” What is the effect of a will or a trust that is caused by undue influence? It is void. You can read Section 732.5165 of the Florida Probate Code. What are some situations that MAY be undue influence? Possible Examples “Sign the will or I’ll leave you!“ “Change the trust or you’ll […]

Undue influence is a serious topic for estate litigators. And, perhaps more so, for family members and heirs. Have you been dis-inherited by a last minute will? This Florida probate commentary will explain what undue influence is and point you to an important Florida Estate Law. If you want to see a FREE UNDUE INFLUENCE VIDEO by estate and trust litigation attorney John Pankauski, CLICK HERE. Voiding a Florida Will Based Upon Undue Influence A will that is caused by undue influence is void. Florida Probate Law makes that very clear. Read Fla. Stat. 732.5165. Likewise, a Florida Trust that is caused by it is also VOID. If you want to read more about Florida probate and trust law, you can read the Florida Probate Code and also the Florida Trust Code for free. Here, also, is a free link to the Florida Probate Rules. The Florida Probate Rules are different than Florida statutes. There is a special procedure to follow to have a will or trust declared void . “You have to file papers in the Probate Court to contest the will” says veteran estate litigation attorney John Pankauski. “For trusts, you have to file a separate civil lawsuit.” In some instances, like with a Pour Over Will, you have to do both. How Do You Define It? Undue influence is defined as a form of coercion, over-persuasion and force. It is not always the same. It can vary from perpetrator to perpetrator. Undue influence can also have different […]