Can a Palm Beach will or trust be voided based on undue influence? What is undue influence in Florida probate litigation? What factors do the courts consider on the issue of undue influence or active procurement? You may want to read a recent Third District Court of Appeal opinion, Hall v. Hall.

The Florida Supreme Court has established a set of non-exhaustive factors for courts to consider on the issue of undue influence or active procurement:

• presence of the beneficiary at the execution of the will;
• presence of the beneficiary on those occasions when the testator expressed a desire to make a will;
• recommendation by the beneficiary of an attorney to draw the will;
• knowledge of the contents of the will by the beneficiary prior to execution;
• giving of instructions on preparation of the will by the beneficiary to the attorney drawing the will;
• securing of witnesses to the will by the beneficiary; and
• safekeeping of the will by the beneficiary subsequent to execution.

In re Estate of Carpenter, 253 So. 2d 697, 702 (Fla.1971).

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.