What Are The Legal Standards When It Comes To Undue Influence?

In this article, you will learn about undue influence cases and how an experienced attorney from Jurado & Farshchian, P.L. can help you with this and other probate-related matters in the State of Florida.

The Process of Proving Undue Influence

For a will to be valid in the State of Florida, both the document and the person who creates it must meet specific requirements. Primarily, the testator must have legal capacity, be at least eighteen years old, and have testamentary intent. When it comes to the will itself, it must not be a product of duress or undue influence. However, undue influence can be challenging to prove, as it is not usually exercised openly in the presence of others. The Supreme Court of Florida listed a set of seven, non-exhaustive factors courts should consider:

1. – The presence of the beneficiary at the execution of the testator’s will;
2. – The presence of the recipient on occasions when the testator openly expressed a desire to create a will;
3. – A recommendation made by the beneficiary of an attorney to write the will;
4. – The knowledge of the contents of the will by the beneficiary before its execution;
5. – Giving of instructions on preparation of the testator’s will by the beneficiary to the attorney that is writing the will;
6. – Securing of witnesses to the testator’s will by the beneficiary;
7. – Safekeeping of the will by the beneficiary following its execution.

In the Blinn v. Carlman case, the 4th DCA stated that “when a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a destruction of free agency and willpower of the testator.”

As you can imagine, each case is highly fact-sensitive. As mentioned in the example above, the testator’s mental health had been declining significantly six years before his death. During those six years, he made poor financial decisions, which include playing many scam foreign lotteries. Besides, his yacht brokerage business was losing money due to his declining mental health. He also married his fourth wife about five years before he passed away. One year after their marriage, he executed a will that left his entire estate to his wife. This will was a complete and abrupt departure from his previous wills, all of which provided for his family. In this case, two lawyers were involved with the drafting and signing of the will, and they have conflicting testimonies. Additionally, there was an unintentional recording of a voicemail of the testator’s wife telling the testator that his daughter was stealing from him. The court found that the wife had evidently influenced the testator and thus did not probate his will.

As evidenced in this example, cases involving undue influence require the court to do significant fact-finding. This process will include the events surrounding the decision to create a will and the signing of the document itself, paying particular attention to the relationships the testator had.

Do you need more information on how to create a Florida will? Are you interested in knowing more about how to will contests in the State of Florida? Our lawyers have the level of experience, skill, and knowledge you need. Do not hesitate to contact our Florida Probate Lawyers at Jurado & Farshchian, P.L. Call us at (305) 921-0440 or send us an email to [email protected] to schedule an initial consultation.

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