What Is Undue Influence?
Undue influence is improper pressure that overpowers a person's free will, causing them to act — or sign a document — in a way they would not have chosen on their own. It is a central concern in wills, trusts, and deeds, where a person in a position of trust or power may exploit a vulnerable individual to change how property passes.
Undue Influence in Florida Will Contests
Undue influence is one of the most common grounds to challenge a Florida will or trust. Florida courts recognize a presumption of undue influence when a person who is a substantial beneficiary, who occupied a confidential relationship with the decedent, was active in procuring the document. Courts examine factors (often called the Carpenter factors) such as the influencer's presence at the signing, involvement in selecting the attorney, knowledge of the contents, and possession of the document afterward.
Effect of a Finding
- A will, trust, or gift procured by undue influence can be set aside
- The property then passes under a prior valid document or by intestacy
- These claims are fact-intensive and often turn on the relationship and circumstances
Related Terms
- Duress — A related form of improper pressure
- Fiduciary Duty — Often breached in undue-influence cases
- Probate — Where will contests are litigated
Barnes Walker
Barnes Walker's attorneys handle Florida will and trust contests, including undue-influence claims and defenses. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC