When someone dies, and their will seems inconsistent with their known intentions, loved ones and business partners may wonder what happened. If someone manipulated the deceased person (“decedent,” or, when they left behind a will, “testator”) undue influence may have occurred. Here, we explore how to prove undue influence, showing that the decedent’s decision-making was overpowered by someone they trusted, resulting in a will that does not reflect their true intentions.
At BrewerLong, we help business owners and others throughout Florida understand and navigate complex probate issues. Whether you are concerned about a questionable will or need to protect your interests in a contested estate, our team provides thoughtful, strategic guidance backed by years of experience in probate litigation and business law.
What Is Probate?
As a legal term, probate has two meanings. First, probate is the general legal process of settling the deceased’s estate, including identifying assets, paying debts, and distributing remaining property to heirs or beneficiaries.
Second, probate is the specific legal process for determining whether a will is legally valid. If the decedent left behind a will, this particular process occurs at the start of the general probate process.
What Is Undue Influence?
When someone believes a will fails to reflect what a testator wanted, they may challenge it by raising a claim of undue influence. If the will challenger convinces a judge that someone unduly influenced the testator to create or change the will, the court may hold the will invalid. Meaning it is legally unenforceable.
Legal Standard for Undue Influence in Florida
Undue influence occurs when someone uses a position or relationship with the decedent to manipulate them into changing their estate plan. Florida courts look at several factors to assess whether undue influence occurred, including:
- The relationship between the influencer and the deceased,
- The influencer’s involvement in the estate planning process, and
- The benefit they received under the new will or trust document.
To determine whether a will resulted from undue influence, Florida courts decide whether the testator’s decision-making was so affected by another person’s actions that the will does not reflect the testator’s voluntary, informed intentions.
It is not enough to show that the influencer persuaded or encouraged the testator; their influence must have destroyed the testator’s ability to act freely.
Presumed Undue Influence
In certain circumstances, Florida law assumes undue influence occurred. Anyone trying to claim it did not happen has to convince the judge otherwise. This process is called “burden shifting” because the burden of proving the facts to support their legal claims moves to the accused influencer, not the will challenger.
Courts assume undue influence occurred when the alleged influencer:
- Had a confidential relationship with the testator in which the testator trusted and relied on the other person for guidance, care, or decision-making help;
- Actively participated in the will’s creation; and
- Received a substantial benefit from the will.
Undue influence can become especially relevant for business owners, who may name close colleagues, employees, or caregivers in their estate planning documents. Courts often examine whether these relationships created opportunities for inappropriate persuasion, dependency, or control.
How to Prove Undue Influence in Florida
Individuals with a legal interest in some part of the estate, interested persons or parties, must be notified when general probate begins. When the process of determining a will’s validity begins, those interested parties can produce an alternative will, challenge the will currently being probated, or both.
Courts consider all evidence that may collectively suggest the influencer improperly affected the testator’s will. To prove undue influence, you can offer evidence like:
- Witness testimony from individuals who observed the testator or participated in the will’s execution about the testator’s mental state, the influencer’s presence, or unusual behavior that suggests pressure or control;
- Medical and psychological records documenting cognitive issues, mental illness, or diminished capacity; and
- Unusual changes to the estate plan like wills that were changed shortly before death, disinherited long-standing beneficiaries, or inclusion of unexpected beneficiaries.
A strong case typically includes multiple sources of supporting documentation or testimony.
Protecting Your Estate from Undue Influence Claims
For business owners and professionals with high-value estates or complicated asset structures, taking proactive steps now can help ensure your business’s longevity. To protect your business, your loved ones, and your property, consider:
- Hiring an independent estate planning attorney with no prior relationship with any beneficiaries,
- Avoiding involving potential beneficiaries in the drafting or signing process,
- Documenting your intentions and explain any significant changes to your estate plan in writing, and
- Communicating clearly with loved ones and sharing your plans with important individuals in advance.
These steps help ensure your wishes are honored and protect your estate from costly and time-consuming legal disputes.
Talk to BrewerLong About How to Prove Undue Influence
If you suspect undue influence or need help defending a loved one’s will, BrewerLong is ready to assist. We guide clients through contested probate matters with clarity, experience, and strong advocacy. Since 2008, our firm has provided tailored legal counsel to individuals and business owners across Florida.
We understand how probate disputes affect family dynamics, business interests, and long-term financial plans. Contact us today to schedule a consultation. We are here to help you protect what matters most.
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