What Is Undue Influence?

In the realm of estate planning, understanding undue influence is crucial. Whether you are drafting an estate plan or are in the process of distributing assets, undue influence can derail the intentions of the person creating the will, who is referred to as the testator, and lead to significant legal disputes.

Recognizing the signs and implications of undue influence is key to ensuring fairness and honoring the wishes of the deceased. A Pompano Beach estate lawyer can be your advocate in securing justice in these complex situations. They can evaluate claims of undue influence, represent your interests in court, and work toward an effective resolution.

How Undue Influence Impacts Estate Law

Undue influence occurs when someone uses over-persuasion, coercion, or force to manipulate a testator into making decisions against their free will. Over 100 years ago the Florida Supreme Court ruled a foundational understanding that remains a cornerstone of how undue influence disputes are handled, undue influence is described as actions that destroy or hamper the free agency and will power of the testator.

In practice, undue influence can arise when someone in a position of trust, such as a caregiver, relative, or friend, exerts pressure to gain financial or personal benefit in a will or other estate documents. This influence undermines the testator’s independent decision-making and compromises the validity of their estate plan.

Florida courts closely examine allegations of undue influence when contested wills or trust disputes arise. To prove undue influence, certain factors (there may be others as may be relevant in each particular case) are considered.

• Confidential relationship. Does the alleged influencer have a close or trusted relationship with the testator, such as being a caregiver or advisor?
• Active procurement. Did the influencer play a significant role in the creation or execution of the will, such as hiring the attorney, being present during discussions, or safeguarding the document?
• Unusual or unnatural changes. Does the estate plan include sudden, unexpected changes that disproportionately benefit the alleged influencer?
• Testator’s vulnerability. Was the testator in a weakened state, either physically or mentally, at the time of making the estate plan?

When undue influence is proven, the entire Will or the affected portions of the Will or estate plan may be invalidated, leading to redistributions based on prior Wills or, intestacy laws.

Preventing and Addressing Undue Influence

To avoid undue influence claims, individuals creating an estate plan should work closely with an experienced estate attorney. Doing so will ensure proper documentation of the testator’s intentions. There can also be proper independent witnesses to testify to the testator’s mental capacity and professional oversight during the drafting and execution process.

If you suspect undue influence in the administration of a Florida estate, consulting with a Pompano Beach estate lawyer is critical. An attorney can help investigate the situation, gather evidence, and, if necessary, bring a legal challenge to protect the testator’s true wishes.

Who do you talk to when you suspect undue influence? Seeking legal guidance promptly can make all the difference. Have a conversation with the legal professionals at Mark R. Manceri, P.A. Schedule a confidential consultation today.