Undue Influence Claims in Probate

When a Palm Beach family suspects that a will or trust does not reflect the true wishes of a loved one, the legal theory most often raised is undue influence. It is also one of the most misunderstood. Influence alone is not enough; Florida requires something more. Below we compare what it takes to prove a claim, how the burden can shift, and the practical options on both sides.

What Undue Influence Actually Means in Florida

Under the Florida Probate Code (Chapters 731 through 735), undue influence is a ground to invalidate a will (otherwise valid under Section 732.502, which requires the testator’s signature and two witnesses) or a revocable trust under Chapter 736. It means the testator’s free will was overpowered so the document reflects the influencer’s desires, not the testator’s. Persuasion, affection, or even nagging is not enough; the influence must amount to coercion that destroyed the testator’s independent judgment.

Option A: Prove the Classic Florida Factors Directly

Florida courts, following the landmark framework, weigh a list of factors to detect active procurement of a will or trust, including:

• Presence of the beneficiary at the execution of the document;
• Presence when the testator expressed a desire to make it;
• Recommending or selecting the attorney who drafted it;
• Knowing the contents before execution;
• Giving instructions to the drafting attorney;
• Securing the witnesses; and
• Keeping the document after execution.

No single factor is decisive. The court weighs the whole picture. The more factors present, the stronger the claim.

Option B: Trigger the Presumption and Shift the Burden

This is often the more powerful route. Under Florida law, a presumption of undue influence arises when the challenger shows three things together: (1) a substantial beneficiary, (2) who occupied a confidential relationship with the testator (such as a caregiver, agent under a durable power of attorney under Chapter 709, or a trusted adult child), and (3) who was active in procuring the document. Once that presumption is established, the burden shifts to the beneficiary to come forward with a reasonable explanation for their active role. For Palm Beach families, this often arises with a late-in-life caregiver who suddenly becomes the primary heir.

The Defense Side: How to Rebut

A beneficiary accused of undue influence is not without options. Strong rebuttal evidence includes independent legal advice (the testator met privately with their own attorney), medical records showing full mental capacity, a consistent pattern of prior gifts or estate plans favoring the beneficiary, and contemporaneous notes from the drafting attorney showing the testator’s clear, unpressured intent. Documentation created at the time the will or trust was signed is the single best defense.

Deadlines and Where It Is Heard

Undue influence claims are litigated in the probate division of the Palm Beach County Circuit Court. As with other will challenges, once a beneficiary is served formal notice of administration, the objection window is generally just three months. These deadlines are short and strictly enforced.

One Less Thing to Worry About

Because Florida has no state estate or inheritance tax, an undue influence fight is purely about who rightfully inherits, not about tax consequences of the outcome.

The Bottom Line

Comparing the two routes: proving the factors directly puts the full burden on the challenger, while triggering the presumption through a confidential relationship and active procurement shifts that burden to the beneficiary, which is usually the stronger position. On defense, contemporaneous evidence of independent intent is decisive.

This article is general information, not legal advice. Undue influence cases are fact-intensive and deadline-driven under Florida law. If you suspect, or are accused of, undue influence in a Palm Beach estate, consult a licensed Florida probate attorney without delay.