How Do Courts Handle Undue Influence Claims in Estate Litigation?

Florida probate courts take undue influence as seriously as fraud or coercion. Courts will not accept wills created under any of those circumstances. They will also not accept that a will was revoked if the deceased person revoked it because of undue influence.

Even so, they do not make it easy to prove undue influence. A court cannot throw out a will just because the deceased made an unusual or painful decision. Anyone who contests a will on the grounds of another person’s undue influence must present evidence of a particular pattern of behavior.

Undue Influence: Shifting the Burden in Court

In most civil litigation, the burden of proof is on the petitioner. In other words, the person who brought the complaint has the job of proving their claims. However, the state wants to protect testators (the writers of wills) from unscrupulous persons, so the law specifically provides that the burden of proof can shift in a case of undue influence. If a will, or a part of a will, was procured by undue influence, the will or challenged part will be invalid.

The petitioner must first show the court that:

• There is a “substantial beneficiary” under the will—a person or entity that takes a considerable benefit.
• That person was in a “confidential relationship” with the testator. Caregivers or family members are perhaps most often accused of undue influence. But attorneys, financial advisers, or anyone close to the testator may also be in a confidential relationship with them.
• That person “was active in procuring” the will at issue. This can include instructing the testator on what to write, arranging for an attorney or witnesses, being present at the signing, or retaining the will.

Once the petitioner has shown these three elements, “the presumption of undue influence arises.” See In re Estate of Carpenter (Fla. 1971). The burden of proof shifts, and the person who stands to gain by the will must prove to the court that they did not have undue influence over the testator. See Fla. Stat. § 733.107.

However, a presumption of undue influence cannot arise between a testator and their spouse or child. This is sometimes called the “dutiful child” exception because such relationships are almost always influential by their nature. That does not mean that the court will not find that a spouse or child had an undue influence that would invalidate the will—only that the petitioner will still be able to prove it.

Further Elements of Undue Influence

Where a presumption of undue influence does arise, the substantial beneficiary can rebut this presumption if they can produce enough evidence in their favor. They must show that it is more likely than not that the testator acted without undue influence. Therefore, collecting as much information as possible on the favored beneficiary’s relationship with the testator is vital.

Key elements of undue influence include:

• Isolating the testator from family and loved ones. To achieve undue influence, a favored beneficiary may cut off communications, disparage family members, and work to break down the testator’s relationships with others.
• Disparate mental strength or acuity of the parties. A testator who is suffering from illness, the effects of old age, or other vulnerabilities may be unable to resist a favored beneficiary in a stronger mental condition.
• The unreasonableness of the will or the challenged provision. An unexpected decision in a will is not invalid in itself, but the court will consider it together with other evidence of undue influence.

Because relationships like this often take place over years and in private, you will likely have to gather circumstantial evidence, including witness accounts. Undue influence cases involve very personal and fluid matters, and human relationships are complex. A court’s decisions may not come as expected from a first look at the matter.

Some recent undue influence cases in Florida reviewed the following situations:

• A sister sued her brother after receiving only a small share in their mother’s will, but the court did not find undue influence under the circumstances. The brother had assisted and cared for his mother, whereas the sister had lost a large amount of her mother’s money through an unpaid loan. Hannibal v. Navarro (Fla. 3D DCA 2021).
• A daughter challenged a will because her father’s girlfriend had taken control of his finances and arranged for a will while he was bedridden and suffering from dementia. The will, which disinherited almost everyone but his girlfriend, was found invalid. Swiss v. Flanagan (Fla. 4th DCA 2021).
• A fourth wife isolated her ailing husband and told him his daughter was stealing from him, as caught on an accidental recording. Moreover, she arranged for attorneys to draft a will leaving her his whole estate; neither attorney would admit to drafting it. The court held that the will was invalid. Blinn v. Carlman (Fla. 4th DCA 2015).

Let Us Guide You

If you suspect that someone influenced a will—or you have been accused of doing so—you need a strong representative as soon as possible. Our Orlando probate attorneys provide experienced, compassionate counsel for probate litigation and will disputes. Call us today at 407-449-8958 to schedule your first appointment.