Undue influence occurs when the testator is compelled or controlled by an improper outside influencer who executes pressure when the testator prepares the Last Will and Testament. The theory behind an undue influence claim is that the testator was coerced or misled to create a will that does not reflect their wishes.
In Florida, an individual may challenge a will or trust on the grounds of undue influence with proper legal assistance. The attorneys at the Miller Elder Law Firm possess experience in will and trust litigation. Our Elder Law attorneys understand the pros and cons of estate and trust litigation. Allow the Miller Elder Law Firm unmatched experience help you defend or prosecute your undue influence case.
If you believe the Last Will and Testament or trust of a loved one was executed under another’s influence, contact the Miller Elder Law Firm to provide you with competent and caring legal counsel. Call our Gainesville, Florida office today at (352) 379-1900 or contact us online (millerelderlawfirm.com).
Who is an Undue Influencer?
Anybody contesting a will on the grounds of undue influence must prove that an individual acted as an undue influencer by demonstrating that he or she complies with any or all of the following characteristics:
● Is a substantial beneficiary under the Will.
● Occupied a confidential relationship to the decedent.
● Was active in procuring the execution of the new Will.
Under these terms, an undue influencer may be a relative, friend, trusted advisor, and even a healthcare worker. Undue influence is one of the many forms of abuse of the elderly. Many undue influencers are friends, relatives, or acquaintances who befriend the decedent to procure the execution of a new will, typically after the decedent has suffered from a decline in mental ability. Other cases include healthcare providers who explicitly or implicitly threaten to withhold care unless the testator executes a will in their favor.
What constitutes Undue Influence?
Florida law provides certain factors that may assist an individual in challenging a will on the grounds of undue influence to resolve the burden of proof in court:
● Presence of beneficiary at the time will was executed.
● Presence of beneficiary when testator expressed a desire to draft a will.
● A beneficiary’s referral of an attorney to the testator.
● Possessing knowledge on the content of the will before its execution.
● A beneficiary’s instruction to the attorney on how to prepare the will.
● A beneficiary’s input on who the witnesses should be.
● Safekeeping of the will by the beneficiary after its execution.
Contesting a will or trust on the grounds of undue influence is a serious endeavor. Having an Elder Law litigator review your case is an excellent first step in deciding whether to contest such a matter. The Miller Elder Law Firm has an in-depth knowledge in the area of Will Contests and Trust Contests and will help you decide what’s best for you.
Call the Miller Elder Law Firm Elder Law attorneys in Gainesville, Florida at (352) 379-1900 or contact us online (millerelderlawfirm.com).