What is Undue Influence in Regards to a Florida Will Contest or Trust Lawsuit?

Our law firm, Pankauski Hauser, handles probate litigation throughout Florida. However, there is a recent Georgia case that you may find helpful if you are involved with a will contest or a probate lawsuit. In Slosberg v. Giller, the court thoroughly defines undue influence. It is always interesting for Florida probate litigation attorneys to see how other courts are defining undue influence. Furthermore,  this case may help you to understand what undue influence is, which may be relevant to your Palm Beach estate lawsuit.

Here, the court defines undue influence as the following: ” Undue influence which overturns an otherwise legal contract or will is the exercise of sufficient control over the person, the validity of whose act is brought into question, to destroy his free agency and constrain him to do what he would not have done if such control had not been exercised.” In Florida, we would say that undue influence amounts to over persuasion, coercion, or force. If your involved in an undue influence case, talk to your estate litigation attorney about how you prove or defend an undue influence claim in Florida. You should choose a trust and estates lawyer who has actually handled trials and appeals involving undue influence in Florida. For a FREE consultation with Pankauski Hauser’s managing partner, John Pankauski, call (561) 514-0900 Ext.101.