Undue Influence Regarding Wills & Trusts
Undue influence occurs when another person exerts enough pressure, coercion, manipulation, or control to overcome someone’s free will and cause them to make an estate-planning decision they would not otherwise have made. In the context of wills and trusts, undue influence may be used to improperly cause someone to create, change, revoke, or execute a document for the benefit of another person.
One common example of this is a relative or family member taking advantage of an elderly individual and having them modify a will or trust in order to obtain a larger share of a family’s inheritance.
This article covers the topic of undue influence from a legal standpoint, particularly, regarding wills and trusts within the State of Florida. This includes: Florida’s laws on undue influence, how to legally prove it, and examples of this unfortunate occurrence.
Please note, content on this page is written to provide useful information to readers; however, it’s not a substitute for legal advice. If you have issues involving probate or a contested will, you should consult with an attorney for estate litigation.
Key Takeaways
- Undue influence can invalidate a will or trust. Florida law allows all or part of an estate-planning document to be challenged when its creation, amendment, execution, or revocation was improperly procured through undue influence.
- Suspicious circumstances do not automatically prove undue influence. Sudden estate-plan changes, isolation from family, cognitive decline, unusual dependence on a beneficiary, and a beneficiary’s involvement in preparing documents may raise concerns, but courts consider the overall circumstances.
- Undue influence and lack of capacity are different legal issues. A person may have sufficient mental capacity to sign a will or trust while still being vulnerable to improper pressure or manipulation from another person.
- These cases often depend on circumstantial evidence. Medical records, communications, prior estate-planning documents, financial records, witness testimony, and evidence concerning the relationship between the parties may all become important.
- Strict deadlines can apply to will and trust challenges. The time available to contest an estate-planning document can depend on the type of document, when required notices were served, and other circumstances, so potential claims should be evaluated promptly.
Page Directory
Definitions
Examples of Undue Influence
Warning Signs of Undue Influence in a Will or Trust
Undue Influence vs. Lack of Capacity
Florida Laws on Undue Influence
Undue Influence Over the Testator of a Will
Undue Influence Over the Settlor of a Trust
Proving Undue Influence in Court
What Evidence Can Help Prove Undue Influence?
Common Questions
Summary
Definitions
In order to help readers digest the content within this page, we’ve outlined some of the common legal terms relevant to the subject matter and included brief definitions of these terms below.
Will– Wills are legal documents which state in writing what should happen with someone’s belongings after they pass away. If this legal document is modified as a result of undue influence, the will can be contested in probate court and enter into litigation.
Trust – A legal arrangement in which property is held and managed by a trustee for the benefit of one or more beneficiaries according to the terms of the trust. A trust may operate during the settlor’s lifetime, after the settlor’s death, or both. If the creation, amendment, restatement, or revocation of a trust was procured through undue influence, the affected trust provisions may be challenged in court.
Inheritance – Property or assets a person receives from a deceased individual, whether through a will, trust, beneficiary designation, or Florida intestacy law. An inheritance may include money, real estate, investments, personal property, business interests, or other assets. An estate, by contrast, generally refers to the property and obligations left by the deceased person.
Testator – The person who makes and executes a will directing how their property should be distributed after death.
Settlor – The person who creates a trust or contributes property to a trust. The settlor is also sometimes referred to as the grantor or trust creator.
Beneficiary – A person or entity entitled to receive property or benefits from an estate or trust. In probate, a beneficiary may be someone entitled to inherit under a will or under Florida intestacy law. In a trust, a beneficiary may have a present or future interest in trust property, whether the settlor is living or deceased.
Probate Administration – The legal process of administering a deceased person’s probate estate. This generally includes identifying and gathering probate assets, addressing valid creditor claims and expenses, and distributing the remaining estate property to the persons entitled to receive it under a valid will or Florida intestacy law.
Trust administration is a separate process involving the management and distribution of trust property according to the terms of the trust and applicable Florida law.
Notice of Administration – A formal probate notice served by the personal representative on certain interested persons, including the surviving spouse, beneficiaries, and others specified under Florida law. The notice provides information about the estate administration and advises recipients of deadlines for raising certain objections. Creditors are generally notified through a separate process known as the Notice to Creditors.
Probate Court – A common term for the division of Florida’s Circuit Court that handles probate matters, including the administration of a deceased person’s estate and disputes involving wills. Probate proceedings are generally handled in the county where the decedent was domiciled at the time of death. For instance, if someone was domiciled in Miami-Dade County when they passed away, administration of their probate estate would generally be handled through the probate court in Miami-Dade County. Trusts are generally administered outside of probate, although disputes involving the validity or administration of a trust may also be brought before a Florida court.
Decedent – The individual who passed away.
Examples Of Undue Influence
In regards to a will or trust, undue influence happens when someone’s actions overcome another person’s free will and improperly cause that person to create, change, or revoke an estate-planning document or transfer property. The resulting change may benefit the person accused of exerting the influence or another favored beneficiary.
For example, imagine an 80 year old widow/widower with declining mental abilities. Years ago, this person wrote a will and trust that divided assets equally between all children. The entire family received legal documents explaining this arrangement.
One day this parent passes away and the family finds out the legal document was changed mere months before their parent’s death. The heirs learn that one sibling inherits the entire estate. Depending on the surrounding circumstances, this type of unexpected change may raise questions about whether undue influence occurred.
Undue influence may occur outside family members. Caregivers may coerce vulnerable, elderly seniors to sign documents transferring property. Neighbors may also take advantage of seniors with diminished mental capacity. Families should remain alert to signs of coercion, manipulation, or other improper influence involving an elderly or vulnerable person’s estate-planning decisions. If you suspect a loved one has been subjected to undue influence, contact an experienced attorney promptly.
Warning Signs of Undue Influence in a Will or Trust
Undue influence often occurs privately, which means family members may not have direct evidence of what happened when a will or trust was created or changed. Instead, concerns may arise from a combination of circumstances surrounding the estate-planning decision.
Potential warning signs may include:
- A sudden or significant change to a will or trust shortly before death;
- A new estate plan that substantially favors one person over longtime beneficiaries;
- Isolation of the person from children, relatives, friends, or trusted advisors;
- Increasing dependence on a caregiver, family member, spouse, or other person who later receives a substantial benefit;
- Declining physical health, memory problems, dementia, or other conditions that may make a person more vulnerable to pressure;
- A favored beneficiary arranging meetings with the estate-planning attorney or participating heavily in the preparation of the documents;
- Secrecy surrounding a new will, trust, deed, beneficiary designation, or other transfer;
- Statements made by the person before death that appear inconsistent with the final estate plan; or
- Significant gifts, property transfers, or changes in ownership occurring at approximately the same time as the disputed estate-planning changes.
No single warning sign automatically proves undue influence. Courts consider the surrounding circumstances and evidence as a whole. However, several of these factors occurring together may provide a reason to investigate whether a will, trust, or other transfer reflects the person’s true wishes.
Undue Influence vs. Lack of Capacity
Undue influence and lack of mental capacity are related issues, but they are not the same thing.
Lack of capacity focuses on whether the person understood the nature and effect of the will or trust when it was created or changed. Undue influence focuses on whether another person improperly overcame that person’s free will and caused the estate-planning decision.
A person may have sufficient mental capacity to sign a will or trust and still be vulnerable to undue influence. Conversely, concerns about dementia, memory loss, or cognitive decline do not automatically establish that undue influence occurred.
In many contested estates, both issues may be investigated. Medical records, testimony from family members and caregivers, estate-planning documents, communications, and evidence concerning the person’s condition and relationships at the time of the disputed change may all become important.
Florida Laws On Undue Influence
Florida law provides separate legal frameworks for challenging wills and trusts based on undue influence. Will contests are generally handled as part of probate proceedings under the Florida Probate Code, while trust contests are governed by the Florida Trust Code and may be brought through a separate civil proceeding.
In either context, undue influence may provide grounds to challenge the validity of all or part of the affected will or trust.
Undue Influence Over The Testator Of A Will
Florida Statute § 732.5165 addresses the effect of fraud, duress, mistake, and undue influence on a will.
Under Florida law, a will is void if its execution was procured by fraud, duress, mistake, or undue influence. If only part of the will was procured through improper influence, that portion may be void while the remainder of the will can remain valid if it is otherwise legally valid. The statute also provides that a revocation of a will procured by fraud, duress, mistake, or undue influence is void.
Various issues may affect the validity of a will, and undue influence is one potential basis for a will contest.
Undue Influence Over The Settlor Of A Trust
Florida Statute § 736.0406 addresses the effect of fraud, duress, mistake, and undue influence on a trust.
Under Florida law, if the creation, amendment, or restatement of a trust was procured by fraud, duress, mistake, or undue influence, the affected trust or portion of the trust may be void. If only part of the trust was procured through improper influence, the remaining provisions may remain valid if they are otherwise legally enforceable.
The statute also provides that a revocation of a trust, or part of a trust, is void if it was procured by fraud, duress, mistake, or undue influence.
Proving Undue Influence in Court
In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court established an important framework for evaluating undue influence involving a will.
A rebuttable presumption of undue influence may arise when:
- A substantial beneficiary under the will had a confidential relationship with the testator; and
- That beneficiary was active in procuring the challenged will.
To determine whether a beneficiary was actively involved in procuring a will, Florida courts may consider factors identified in Carpenter, including:
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- The beneficiary’s presence when the will was executed;
- The beneficiary’s presence when the testator expressed a desire to make or change a will;
- Whether the beneficiary recommended the attorney who prepared the will;
- Whether the beneficiary knew the contents of the will before it was executed;
- Whether the beneficiary gave the attorney instructions regarding preparation of the will;
- Whether the beneficiary secured the witnesses to the will; and
- Whether the beneficiary had possession of the will after it was executed.
These factors are not exclusive, and no single factor automatically establishes undue influence. Courts evaluate the circumstances of each case. If the presumption of undue influence arises, Florida law shifts the burden of proof in accordance with § 733.107.
What Evidence Can Help Prove Undue Influence?
Undue influence often occurs behind closed doors, so direct evidence of coercion or manipulation may not exist. Instead, these cases may depend on circumstantial evidence showing what was happening around the time a will, trust, or other estate-planning document was created or changed.
Evidence that may become important can include:
- Earlier and later versions of wills, trusts, or other estate-planning documents;
- Medical records concerning memory loss, cognitive decline, illness, or other conditions affecting vulnerability;
- Communications such as emails, text messages, letters, or voicemails;
- Testimony from family members, caregivers, friends, attorneys, financial advisors, or other witnesses;
- Records showing who arranged or attended meetings with the estate-planning attorney;
- Financial records showing unusual transfers, gifts, withdrawals, or changes in ownership;
- Evidence that the person was isolated from family members or longtime advisors;
- Documents showing sudden changes to beneficiaries, deeds, accounts, or other assets; and
- Evidence concerning the relationship between the person and the individual accused of exerting influence.
No single piece of evidence necessarily proves undue influence. Courts may consider the overall circumstances surrounding the disputed estate-planning decision, including the evidence relevant to the Carpenter factors and other facts bearing on whether the person acted freely.
Common Questions
Below are answers to several questions related to disputing a will or trust in Florida on the grounds of undue influence or for another legal reason.
How Does Someone Challenge A Will?
A will may be challenged in a Florida probate proceeding by filing a formal objection or other appropriate pleading with the court. Grounds for a will contest may include undue influence, lack of testamentary capacity, fraud, improper execution, or other recognized legal grounds.
The personal representative generally serves a Notice of Administration on specified interested persons, including beneficiaries and the surviving spouse. That notice advises recipients of the deadline for filing certain objections challenging the validity of the will. Creditors are notified through a separate Notice to Creditors process.
Can You Challenge a Will or Trust Before Someone Dies?
Generally, no. A Florida will cannot be contested while the person who made the will is still alive. A will contest may be filed only after the testator’s death.
A similar rule generally applies to a revocable trust. An action challenging the validity of a revocable trust usually cannot be brought until the trust becomes irrevocable, either under its terms or because the settlor has died. Florida law provides a limited exception that may allow the guardian of the property of an incapacitated settlor to bring certain trust challenges.
If you believe an elderly or vulnerable person is currently being subjected to coercion, isolation, financial exploitation, or other improper influence, different legal options may need to be considered before death. The appropriate response depends on the circumstances and may involve issues beyond a future will or trust contest.
How Long Does Someone Have To Contest A Will?
If an interested person is served with a Florida Notice of Administration, an objection challenging the validity of the will generally must be filed within three months after the date the notice was served.
Florida law places strict limits on extending this deadline. The three-month period may generally be extended only when estoppel applies because the personal representative misstated the time allowed for filing an objection. Because other deadlines or circumstances may affect a particular probate dispute, anyone considering a will contest should speak with a Florida probate litigation attorney as soon as possible.
How Does Someone Challenge A Trust?
Florida law imposes specific deadlines for challenging the validity of a trust. For a trust that was revocable at the settlor’s death, a challenge may be barred six months after the trustee sends the person a copy of the trust instrument together with the notice required by Florida law. An earlier deadline under Florida’s general statutes of limitation may also apply.
Because the applicable deadline depends on the type of trust, the notice provided, and the circumstances of the dispute, anyone considering a trust contest should speak with a Florida trust litigation attorney promptly.
How Long Does Someone Have To Contest A Trust?
In short, you have 6 months from the time the trustee provides you with notice of the trust; however, similar to wills, there are exceptions for cases involving fraud, concealment, or failure to provide notice to beneficiaries.
Speak With a Florida Undue Influence Lawyer
There are many ways one person can influence another. Teenagers may give in to peer pressure, powerful individuals may use their positions to influence others, and public messaging can shape opinions and decisions. However, one of the most serious forms of undue influence involves vulnerable elderly individuals who may be pressured or manipulated into making decisions that do not reflect their true wishes. Fortunately, Florida law provides legal remedies when undue influence affects a will, trust, or other estate-planning decision.
Di Pietro Partners represents clients in probate, estate, and trust disputes throughout Florida. Our attorneys bring substantial courtroom and litigation experience to matters involving contested wills, trust challenges, inheritance disputes, fiduciary misconduct, lack of capacity, and undue influence.
The firm represents beneficiaries, heirs, trustees, personal representatives, and other interested parties in both bringing and defending claims involving wills and trusts. Clients work directly with the attorneys handling their matters, allowing the legal strategy to reflect the specific financial, family, and factual issues involved in each dispute.
Di Pietro Partners is based in Fort Lauderdale and serves clients throughout Florida, with additional meeting locations available by appointment in Miami, West Palm Beach, Fort Myers, Orlando, Tampa, and Jacksonville.
If you believe a will, trust, beneficiary designation, lifetime transfer, or other estate-planning decision may have resulted from undue influence, contact Di Pietro Partners for a free and confidential consultation with a Florida undue influence lawyer.
