Undue Influence and Florida Will Contests

What is undue influence in Florida trust and estates litigation? What factors need to be considered in regards to undue influence in an inheritance dispute? When do undue influence claims arise in Palm Beach or Delray Beach probate courts?

Undue Influence

• Undue influence claims frequently occur during a will contest.
• What is a will contest?
• It is a formal objection against the validity of a will.
• What is this formal objection based on?
• It is usually based on the contention that the will does not reflect the actual intent of the person who drafted it.
• Cases involving undue influence can be difficult and they usually require assistance from a Florida probate litigator or trust and estates litigation lawyer.
• Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.
• Why is circumstantial evidence relied on?
• Because the person who would be the key witness in the case is deceased!
• What are the factors that should be considered to prove undue influence?
• What proves that a beneficiary actively procured the will that is being contested?

Hall v. Hall

• This was an April 27,2016 Third District Court of Appeal opinion.
• Here, the undue influence claim was rejected based on testimony of persons present at the time of the execution of the will and trust and on expert testimony/medical records.
• The witnesses testified that the will and trust were properly executed in that they were prepared at the request of the decedent and they were not actively procured by decedent’s daughter( the personal representative under the Florida will).
• To read the entire case, click here.