Do I have a chance to wine the case.
Ethics / Professional Responsibility Lawyer
It is very difficult to prove fraud or undue influence in a will contest. People do win such cases sometimes. It's impossible to say more since you provided no facts whatsoever.
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It's hard to say given that we don't have any facts. Undue influence is a highly fact-specific inquiry. Even with a statement of the facts, it is unlikely that an attorney will be able to give you much certainty regarding your chances of success. What we can do is tell you the relevant factors and let you make an informed decision about whether to proceed.
A Florida Last Will and Testament will only be set aside for undue influence if the influence amounts to “over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a destruction of free agency and willpower of the testator.” Just some degree of influence isn't enough. The influence must be so strong that it overrides the willpower of the person making the will.
There are three factors to consider in undue influence cases: (a) whether the person you claim to have exercised undue influence is a beneficiary of the will; (b) whether that person occupied a "confidential relationship" with the person who made the will; and (c) whether that person actively procured the will or trust that benefited them. The last prong is usually the most difficult to prove and depends on a number of factors set forth In re Estate of Carpenter. An experienced probate attorney can evaluate your case in light of these factors and help you make an informed decision.
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One judge described undue influence as a "Svengali like state" in which someone , by manipulation or deception, obtains a bequest by overcoming the testator's free will.
It's quite difficult to win a will contest based on the ground of undue influence. There is almost never direct evidence. We sometimes speak of "badges" of undue influence.
Here are some of them. \
The testator is in a weakened physical or mental condition.
The "influencer" is in a position of "trust and confidence" with the testator, such as a relative, physician, lawyer, clergyman, home health aid, etc.
The influencer isolates the testator from his family and friends. The bequest represents a radical departure from prior wills.
The testator is psychologically or otherwise dependent on the influencer.
I hope that this helps.
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Lawsuit / Dispute Attorney
You have received some informative answers. For an attorney to tell you more you will need to provide more information. Many attorneys provide an initial consultation for a nominal fee or even free. You should confer with someone sooner rather than later.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.