Trust, Estates, and Undue Influence

Uncategorized • Apr 15, 2019

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence. Want to learn more about undue influence and Florida probate matters? Florida courts, through our appellate courts and their written opinions, have defined what undue influence is and have set parameters in regards to bringing an undue influence lawsuit in Florida. You can access these cases, free of charge, on the district court of appeal websites. For example, to read Fourth DCA opinions, click here.

What is undue influence and what’s the secret to shifting the procedural burden. Read the Florida Probate Code, Chapter 733.107.

733.107 Burden of proof in contests; presumption of undue influence.—

(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.

(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.