Estate planning tools such as Last Wills & Testaments, Living Trusts, Lady Bird deeds, and beneficiary designations give Florida residents control over what happens to their assets after death. Unfortunately, vulnerable individuals, especially the elderly or ill, can sometimes be manipulated into changing their estate planning documents in ways that do not reflect their true wishes.
This manipulation is known under Florida law as undue influence, and it is one of the most common reasons family members contest a Last Will or Trust in court.
What Is Undue Influence in Florida?
Undue influence occurs when a person uses pressure, manipulation, or control to overpower the free will of another, usually someone who is dependent, elderly, or cognitively impaired. Instead of making independent choices, the vulnerable individual ends up signing documents that primarily benefit the influencer.
In Florida, this often involves:
- Adding the influencer as a new beneficiary,
- Increasing their share of the inheritance, or
- Removing other beneficiaries entirely.
Common risk factors include Alzheimer’s disease, dementia, reliance on a caregiver, or weakened mental/physical health.
Warning Signs of Undue Influence
Florida courts recognize that undue influence is rarely obvious. Instead, families should look for red flags such as:
- Unexpected provisions in a Last Will or Trust (e.g., disinheriting close family members without explanation).
- Vulnerability of the individual (illness, heavy medication, cognitive decline).
- Dependency on a caregiver (the person may feel pressured to comply in order to keep receiving care).
Relationships Where Undue Influence Commonly Arises
- Family members – The most frequent source since relatives often have confidential access and emotional leverage.
- Caretakers – Whether family or paid professionals, caretakers can exploit dependency.
- Confidential advisors – Lawyers, financial advisors, or others in positions of trust may misuse their influence.
How Florida Courts Evaluate Undue Influence
Proving undue influence is challenging because it often happens behind closed doors. To help, Florida courts look for “active procurement”—signs that the accused person was directly involved in creating or changing the estate planning documents.
Key questions include:
- Was the accused present when the desire to make the Last Will/Trust was first expressed?
- Did they recommend or select the attorney?
- Did they know the document’s contents beforehand?
- Did they give instructions to the attorney?
- Did they help secure witnesses?
- Did they keep the document after it was signed?
If several of these factors are present, the court may find active procurement, which is a major step in proving undue influence.
Shifting the Burden of Proof
Normally, the person challenging the Last Will or Trust must prove undue influence. However, in Florida, the burden of proof can shift to the accused influencer if three conditions are met:
- The accused received a substantial benefit under the document.
- The accused had a confidential relationship with the deceased.
- The accused was actively involved in preparing or procuring the document.
This shift makes it easier for challengers to succeed, though the accused still has the opportunity to prove no undue influence occurred.
Standing to Contest a Last Will or Trust
Not just anyone can bring an undue influence claim. In Florida, you must have legal standing, meaning you have something to gain or lose in the estate. This often includes:
- Named beneficiaries,
- Family members who would inherit under a prior Last Will or intestacy, or
- Trustees or fiduciaries with legal responsibilities.
Why Legal Guidance Is Critical
Undue influence cases are often emotionally charged, fact-intensive, and legally complex. Memories fade, witnesses pass away, and documents may have been signed years before the dispute arises.
Having an experienced Florida estate litigation attorney is essential. A skilled lawyer can:
- Evaluate whether the facts support a claim of undue influence,
- Gather witness testimony and documentary evidence,
- Navigate the burden-shifting rules in Florida courts, and
- Advocate for your loved one’s true intentions.
Final Thoughts
Undue influence undermines the very purpose of estate planning, that is, ensuring that someone’s genuine wishes are respected. If you believe a loved one’s Last Will, Trust, or other Estate Planning document was the product of manipulation, or if you have been accused of exerting undue influence yourself, you should seek immediate legal advice.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
At Caserta & Spiriti in Miami Lakes, we help families throughout Florida protect their loved ones and fight to uphold their true intentions. Contact our office today to schedule a consultation.