What Is Undue Influence Under Florida Law ?
Wondering if a Florida Probate Court will void a will based on undue influence ? What Is Undue influence Under Florida Law?
- Undue influence is that which amounts to
- over-persuasion,
- duress,
- force,
- coercion or
- artful or fraudulent contrivances
- to such a degree that there is a
- destruction of the free agency and will power of the one making the will or gift
- Mere affection, kindness or attachment of one person for another may not of itself constitute undue influence
Characteristics of Undue Influence:
- How Do You Know If Undue Influence Exists in Florida?
- Look for:
- a Confidential Relationship between the bad person and the victim of the undue influence
- Look for a victim who may be susceptible to the force or pressure of the bad person,
- Like an aging person who may be a bit weakened, or someone who really depends on the bad person for care or support
What Type of Confidential Relationships Suggest Undue Influence ?
- Florida courts have described a confidential relationship regarding undue influence as
- The term “confidential relationship” is extremely broad and encompasses virtually all relationships of trust and dependence
- Status as a fiduciary at the time of a deed is sufficient to establish a confidential relationship.
- Florida courts have been especially quick to find a confidential relationship where the grantor and grantee lived together,
- the victim and undue-influencer are related by blood and
- the victim has become dependent on the undue-influencer
Trial tip: if you are going to trial in a probate lawsuit or an undue influence trial in Florida, remember to have all your evidence, specific evidence, and facts, to support your claim. Don’t make a probate court judge guess . You have to show that there was undue influence by a preponderance of the evidence. You might use medical records or testimony to show the victim was in a weak state or dependent upon the bad person. Then you have to show the all the acts which make up the undue influence. When they began, if they ended, and who had knowledge of those undue influence facts. Focus. Get Specific. Good luck.