What is undue influence in Florida trust and estates law? What factors need to be considered? 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 in Florida trust and estates law?
- 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 require assistance from a skilled probate litigator or trust and estates 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?
In Re Estate Carpenter
- This reknowned Florida Supreme Court case revealed seven factors that should be considered to prove active procurement in an undue influence case.
- What are these factors?
- Do these factors apply only to will contests?
- Are these the only factors that should be considered?
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Read the entire case by clicking here.
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