Undue Influence

What is Undue Influence?

Undue Influence occurs when someone is being coerced, threatened, forced or otherwise influenced into distributing their Assets in a manner that is not consistent with their actual wishes. For instance, a spouse my use Undue Influence to persuade the Testator to modify the Will to leave the bulk of his or her Assets to the surviving spouse upon death instead of being divided among the immediate family members. The State of Florida undue Influence Law protects individuals from being forced to leave Assets to one or more Beneficiaries.

Who Can Challenge a Will due to Undue Influence?

Beneficiaries or heirs to the Estate who believe they have been denied their rightful Assets can challenge a Will due to Undue Influence and seek to revoke or invalidate the Will. However, as in all civil actions, the Burden of Proof lies solely with the Plaintiff to prove based on the preponderance of the evidence that the Will is a result of Undue Influence. Therefore, it is important to discuss the facts of the case with a Probate Lawyer as soon as possible.

Whether you're the Personal Representative defending an Undue Influence challenge to a Testator’s Will or a Beneficiary denied their rightful claim to an Estate due to Undue Influence, you will want to seek the advice of an experienced Probate Attorney.

If you're searching for an experienced and talented Probate Attorney in the Daytona Beach, New Smyrna Beach, Orlando, Ormond Beach, Port Orange, Bunnell, Palm Coast, St. Augustine or other Central Florida area, contact Jerry B. Wells today!

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