What is Undue Influence?

No one wants to be surprised by a loved one’s Last Will and Testament or trust after their death. But sometimes, undue influence can interfere with an elderly person’s true wishes, causing their estate plan to leave assets to the wrong person. All too often, Florida elders are manipulated into giving away their legacies by people they think they can trust. When this undue influence occurs, it takes the work of a skilled probate litigator to establish that the undue influence occurred, and have the wrongful estate plan vacated to honor your loved one’s wishes.

What is Undue Influence?

Undue influence is one of several reasons to file a Will challenge in the Florida probate court. It stands for a challenge to the validity of a Last Will and Testament or trust document based on the fact that the original document does not reflect the wishes of the deceased. Instead, someone close to the deceased has manipulated the person into writing or signing an estate plan that changes where their assets will go, increasing the share of the estate going to the person exerting the undue influence.

Signs Your Loved One’s Estate Plan was Created Under Undue Influence

Often, a person’s next of kin won’t realize that their loved one has disinherited them or modified their estate plan until after the person has died and the Will is filed in the Florida probate court. However, there are some signs of undue influence, meaning there may be factors making it more likely to occur.

Vulnerable or Isolated Adults

Vulnerable adults, such as those with dementia, Alzheimer's, or other mental illnesses that affect their mental capacity, are especially vulnerable to undue influence. Older adults can often become confused, believe improbable stories, or forget details about their family, friends, or history. These adults are easier to manipulate based on their mental acuity. A lack of legal capacity is itself a reason to invalidate a Will. However, a Will challenge based on undue influence doesn’t need to eliminate the grantor’s legal capacity. Instead, a showing that the grantor’s capacity was reduced can be one of several factors that goes into the undue influence analysis.

Those isolated in nursing homes or without regular contact to family and friends can also fall victim to undue influence from caregivers, financial managers, neighbors, or even people in their religious or social circles. This sign means the less contact you have with your loved one, the more you need to be aware of the possibility your loved one may be affected.

Close Relationship with Beneficiary

Another important sign of undue influence comes from the out-sized role the beneficiary plays in the grantor’s life, especially his or her final days. The larger the role the beneficiary had, the more closely you should look at the way the estate plan changed for their benefit. While some older adults genuinely want to reward the person who cared for them, others have been unduly influenced to cut out other important family members in favor of a larger award for the caregiver.

Secretive or Unexpected Changes to the Estate Plan

One of the things an experienced estate planning attorney will tell you is that the last step in creating a well-crafted estate plan is telling your beneficiaries and named personal representatives about it. This ensures that your estate plan is correctly recorded and followed after your death. So if an estate plan is drafted, signed, and stored in secret, it may be a sign of undue influence. Your loved one may also have made promises or statements that don’t reflect the documents. This can be used to show the written estate plan does not reflect their true intentions.

How to Challenge Undue Influence

If you suspect your loved one’s estate plan is the result of undue influence, you will need to file a timely Will challenge petition in the Florida probate court. If you are a named beneficiary in the Will, or related to the deceased, you can file a probate litigation case asking the judge to vacate the Will and either apply an earlier version, or distribute your loved one’s estate according to the state’s intestate laws.

However, you only have so much time after you receive a notice that the probate case has been filed. That is why, if you are surprised by the contents of the Will and believe it is the result of undue influence, you should talk to a probate litigation attorney right away. They can help you review the facts, medical records, and other evidence to establish a claim, even hiring experts to help you prove your case.

Proving Undue Influence in Florida Courts

Florida probate judges know how hard it is to prove what a dead person was thinking while they were alive. That is why, under Florida law, the burden of proving the case shifts from the one who files the Will challenge to the one accused of undue influence at a certain point in the case.

First, the petitioner has to show that:

• The person accused of undue influence receives a significant benefit under the new Will
• A confidential relationship existed between the beneficiary and the deceased
• The person accused engaged in “active procurement" of disputed Will or trust documents

Once those three things have been shown, the courts presume undue influence occurred unless the beneficiary can prove otherwise. This process makes it easier for a deceased’s close friends and family to win a Will challenge for undue influence, meaning the deceased’s true wishes will be honored.

Get Help with Undue Influence Claims in Florida Probate Court

Filing a Will challenge based on undue influence can be complicated. At Harrison Estate Law, P.A., our experienced estate and probate team can help you investigate whether a close beneficiary engaged in active procurement for their benefit, and will help you prove that undue influence occurred. Contact us here or call 352-559-9828 to get help today.