How To Prove A Florida Undue Influence Claim
In Florida, a claim of Undue Influence is defined as:
Undue Influence occurs when a caregiver or someone who has a fiduciary or confidential relationship with a weaker, ailing, or elderly person substitutes his own will for that of the weaker person.
It simply means:
When someone else persuades a weaker party to sign a contract or will.
There are 3 elements of the claim:
- Element 1. The defendant occupied a confidential relationship with the influenced party. The defendant had a special trust or close relationship with the influenced party, making it easier for them to sway the party’s decisions or actions without the party fully realizing it.
Facts that might support this element look like:
* The defendant was the primary caregiver for the influenced party, managing their daily needs and decisions.
* The influenced party relied on the defendant for financial advice and assistance, creating a dependency on their guidance.
* The defendant had access to the influenced party’s personal and financial information, allowing for potential manipulation.
* The influenced party frequently expressed trust in the defendant, often seeking their opinion on important matters.
* The defendant had a longstanding relationship with the influenced party, characterized by emotional support and influence over their choices. - Element 2. If the contract is a will, the defendant was a substantial beneficiary under the will. If the contract in question is a will, it means that the person who influenced the decision stands to gain a significant benefit from it, which raises concerns about whether that influence was unfair or manipulative.
Facts that might support this element look like:
* The defendant received a significant portion of the estate, including valuable real estate and financial assets, as outlined in the will.
* The defendant was named as the primary beneficiary, receiving more than half of the total assets bequeathed.
* The defendant had a close personal relationship with the testator, which may have influenced the testator’s decisions regarding the will.
* The defendant was present during the drafting of the will and actively participated in discussions about its contents.
* The defendant had previously expressed a desire to inherit specific items from the testator, which were ultimately included in the will. - Element 3. The defendant was active in procuring the will. The defendant played a significant role in getting the will made, which means they may have pressured or manipulated the person who created it, raising concerns about whether the will truly reflects the person’s wishes.
Facts that might support this element look like:
* The defendant frequently visited the testator in the months leading up to the will’s execution, often discussing financial matters and personal affairs.
* The defendant provided the testator with legal advice and assistance in drafting the will, despite having no formal legal training.
* The defendant was present during the will’s signing and encouraged the testator to make specific bequests that favored the defendant.
* The defendant isolated the testator from other family members, limiting their access and influence over the testator’s decisions.
* The defendant had a history of financial dependence on the testator, creating a motive for influencing the will’s provisions.
(See Carter v. Carter, 526 So. 2d 141 – Fla: Dist. Court of Appeals, 3rd Dist. 1988. Jacobs v. Vaillancourt, 634 So. 2d 667 – Fla: Dist. Court of Appeals, 2nd Dist. 1994.)
If you’re in court without a lawyer and plan to assert a Claim of Undue Influence, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your FL Undue Influence Claim
U.S. Civil Cases Only