Question 1

How is undue influence proven as a ground for will contest in Florida?

Accepted Answer

FL proof: the contestant must establish a presumption by showing: confidential relationship (a relationship of trust: caregiver, family member, attorney, or financial advisor), active procurement (the beneficiary was involved in: selecting the drafting attorney, being present during execution, providing instructions for the will, or controlling the testator’s access to information), and substantial benefit (the will gives the beneficiary a disproportionate share compared to: prior wills, the testator’s expressed intentions, and the natural objects of the testator’s bounty). Once presumed: the burden shifts to the beneficiary to rebut (prove the will reflects the testator’s free will).

Question 2

What constitutes active procurement in a Florida will contest?

Accepted Answer

Active procurement: the beneficiary’s involvement in the creation and execution of the will. FL factors (Carpenter v. Carpenter): the beneficiary was present at the execution of the will, the beneficiary recommended or selected the drafting attorney, the beneficiary was involved in the drafting (provided instructions or reviewed drafts), the beneficiary kept the will after execution, the beneficiary secured witnesses, the beneficiary isolated the testator from other beneficiaries, and the will was a significant departure from prior testamentary plans. Not all factors: need to be present; the court considers the totality of the circumstances.

Question 3

What defenses are available against undue influence claims in Florida will contests?

Accepted Answer

Defenses: independent counsel (the testator selected their own attorney without the beneficiary’s involvement; the attorney met with the testator privately), the testator’s expressed intent (witnesses testify that the testator explained their reasons for the distribution), the testator’s capacity (the testator was mentally competent and had a strong personality; they were not susceptible to influence), consistency (the will is consistent with the testator’s long-standing wishes and prior estate plans), and no active procurement (the beneficiary was not involved in the creation or execution of the will). The strongest defense: independent counsel + the testator’s privately expressed intent.

Undue Influence Will Contest Ground

Undue Influence as Will Contest Ground in Florida

Proving Presumption

Active Procurement

Defenses

Related Terms

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