What constitutes undue influence in a Will or Trust contest?

The Florida Supreme Court case which has set the standard for determining undue influence in Will disputes is the seminal case of In re: Estate of Carpenter, 253 So.2d 697 (Fla. 1971), which held that: “It is established in Florida that if a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring the contested will, the presumption of undue influence arises.”

In terms of proving that that a beneficiary was active in procuring the Will, the Carpenter court lists seven criteria which may be used in doing so:

1. The beneficiary was present at the execution of the Will
2. The beneficiary was present on occasions when the testator expressed a desire to make a Will
3. The beneficiary recommended that an attorney draw the Will
4. The beneficiary knew the contents of the Will prior to execution
5. The beneficiary gave preparation instructions to the attorney drawing the Will
6. The beneficiary secured the witnesses to the Will
7. The beneficiary kept the Will in his/her possession after execution

The attorneys at Bach, Jacobs & Byrne, P.A. are trained Trust and estate litigators and elder law attorneys. If you think the Will or Trust of a loved one has been impacted by undue influence, call us today at (941) 906-1231 to set up an appointment to discuss your case.