Written by attorney L. Reed Bloodworth

Ten Factors Courts Consider When Analyzing A Claim For Undue Influence Of A Will Or Trust In Florida

In trust and estate litigation, parties often contest the validity of a trust or will by claiming the decedent was unduly influenced by a beneficiary when the trust or will was created. When determining whether undue influence occurred, Florida courts consider a number of different factors.

Additional resources provided by the author

Additional information can be found in the following cases: 1. In re Estate of Carpenter, 253 So. 2d 697, 702 (Fla. 1971); 2. Newman v. Smith, 82 So. 2d 236, 252 (Fla. 1919); 3. In re Auerbacher’s Estate, 41 So. 2d 659, 661 (Fla. 1949); 4. Peacock v. Du Bois, 105 So. 2d 321 (Fla. 1925); and 5. In re Estate of Reid, 138 So. 2d 342, 347-49 (Fla. 3d DCA 1962), overruled in part by In re Estate of Carpenter, 253 So. 2d at 702.

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