How Do Miami Probate Laws Address Undue Influence in Will Disputes?

What Does Undue Influence Mean?

Sometimes, reading a decedent’s Will can reveal shocking circumstances that may not reflect what the deceased would have wanted in the distribution of their estate. For example, the Will may entirely neglect some close family or give all their wealth to someone who didn’t seem close to them during their lifetime.

In such cases and more, undue influence on the Will could be possible. Undue influence refers to over-persuasion, force, coercion, or duress to the extent that it diminishes the Will maker’s free agency and willpower. Estate planning attorneys in Miami explain that undue influence leads to an unequal relationship and unfair estate distribution.

How Does Invalid Influence Affect Testamentary Documents?

Undue influence is a cause of legal action to challenge the validity of a Will. It could also challenge other testamentary documents, such as Trusts, Deeds, and other transfers. Under Florida law, a Will or Trust becomes invalid if all or any portion of the document is proven to have some elements of undue influence.

Dangers of Invalidating a Will

Once a Will has been invalidated, it can result in the reinstatement of a previous one if it exists. Alternatively, the decedent will be considered to have intestate. Last Will and Testament lawyers in Miami say that Florida’s intestacy laws will take effect to determine the distribution of the deceased’s estate.

Additionally, seeking to invalidate a Will or Trust poses some danger. Many Wills and Trusts have an enforceable no-contest clause, which is known as a disinheritance clause. If a beneficiary named in the Will contests the provisions and loses, they are disinherited from any assets that might have been given to them in the Will or Trust. Seek legal counsel before contesting a Will.

What Elements Are Necessary to Prove Undue Influence?

Before you claim undue influence and seek to invalidate a Will, it’s crucial to consider what you must prove to be successful. With the help of experienced last Will and testaments attorneys in Miami, you prove the following crucial elements to show the testator was unduly influenced when drafting the document:

Confidential Relationship

Miami estate planning lawyers can investigate the case and collect the necessary evidence to demonstrate a confidential relationship between the testator and the person you suspect exerted undue pressure. A confidential relationship exists whenever one person places trust and confidence in another based on integrity and fidelity.

While a blood relationship may be necessary, it is not necessarily sufficient to prove a confidential relationship. The activities and duties involved don’t necessarily have to be legal but could be domestic, social, moral, or personal. Generally, a confidential relationship arises when a weaker party can’t protect themselves from a stronger party.

Active Participation

You must also demonstrate active participation when seeking to void a Will based on undue influence. The simple act of a beneficiary accompanying a testator to the attorney’s office is not enough to prove this element. Instead, you must show that the beneficiary coerced the testator to go to the attorney’s office or that the testator didn’t act on their volition.

Besides, the fact that a beneficiary urged the testator to create a Will is not evidence of undue influence. You must prove that the beneficiary urged the testator to make specific provisions or dispositions in the Will and immediately took the document to an attorney unknown to the testator, for example.

Generally, the Florida Supreme Court establishes the following factors for judges to evaluate when evaluating the presence of undue influence in contested Wills:

• The presence of the beneficiary at the Will’s execution
• The beneficiary’s presence on occasions when the testator expressed interest in making a Will
• Recommendation of an attorney to make the Will by the beneficiary
• Knowledge of the Will’s contents before its execution
• Instructing the attorney on how to prepare the Will
• The beneficiary securing witnesses to the Will
• The beneficiary safekeeping the Will after execution

Undue Profit

Your Miami last Will and Testament attorneys must also help you prove that the beneficiary gained undue profit by imposing undue influence on the testator. This can be determined through various considerations. The court will:

• Assess the relationship between the testator and the beneficiary
• Consider the provisions in previous Wills and other past expressions of the decedent’s intent

Fraud

Fraud is sometimes an element of undue influence in contested Wills. The offender uses false statements to poison the testator against the other beneficiaries, including the contestant. Proving fraud can be complex, and it would help to work with experienced Miami last Will and testament attorneys to help you establish your case.

Remember, the burden of proof of undue influence lies with you, but it shifts to the proponent of the Will when the presumption of undue influence arises. The presumption occurs when these four elements exist, and to shift the burden of proof, you must prove them beyond a reasonable doubt.

In addition, you must show that the actual intent of the testator was subverted through the combination of the above factors. Additionally, you must show that the influence was such that it would allow the voiding of the Will or Trust.

A Skilled Estate Planning Lawyer Helping You Prove Undue Influence in a Contested Will

Undue influence is a legal ground for contesting a Will in Florida. However, you must prove a confidential relationship between the offender and testator, active participation by the offender, undue profit, and fraud to be successful in your quest. The process can be challenging and emotionally draining, but skilled last Will lawyers in Miami can help.

Miami estate planning lawyers at Perez-Roura Law Firm can assess your situation and provide legal counsel. Our legal team can also fight on your behalf in court to help you prove the elements of undue influence for a favorable outcome to protect your rights. Call us at 305-570-3259 for a FREE consultation.