Challenging Inter Vivos Transfers Procured by Undue Influence: Factors to Consider

Florida has a lot of people who take advantage of elderly people. When someone is coerced into giving away their stuff, it might be seen as undue influence and could be reversed. The courts have guidelines for challenging a contested will, but it’s not as clear for gifts given while the person is still alive. Knowing the signs of undue influence can help family members decide if they should challenge a gift. And people receiving gifts can make sure they follow the rules to avoid challenges later on. Understanding these factors can help avoid unnecessary court battles. Undue influence is when someone uses persuasion, pressure, or other tricks to control someone else’s mind and make them do something they wouldn’t normally do, like make a will or give a gift. In Florida, if a person in a close relationship with the person who made the will or gave the gift is involved in getting the will or gift, it is presumed to be undue influence. The burden of proof then shifts to the person receiving the will or gift to prove that undue influence did not occur. In order to raise the presumption of undue influence, the person challenging the will or gift must show that there was a close relationship between the person who made the will or gave the gift and the person receiving it and that the person receiving it was actively involved in getting the will or gift. Court cases have highlighted several factors that indicate undue influence, such as the involvement of the person receiving the gift in the donor’s affairs, the level of involvement in the actual gift, the relationship between the donor and the person receiving the gift, and the donor’s physical and mental health at the time of the gift. These factors are used to determine if the gift was given freely or if the person receiving it used undue influence to get it. Undue influence can be indicated by the level of involvement the person receiving the gift had in the donor’s affairs and in the actual gift. If the gift disrupts the donor’s original estate plan, is given in secret, or if the person receiving the gift has a strained relationship with the donor, it may be considered undue influence. The donor’s mental and physical health at the time of the gift is also important, as well as whether the gift was made in a meretricious (extramarital) relationship. In simple terms, people who inherit property or are responsible for someone’s estate need more help to figure out if gifts given while the person was alive were influenced by others. Without more guidance from the courts, they can use six factors as a starting point to help them make decisions. If someone is suspected of influencing a person to change their will or give them a gift, there are factors that can show this, like being present when the will was made or knowing its contents before it was made. If a person is found to have influenced the decision, they will have to prove that they didn’t do anything wrong. If the person receiving the gift took care of the person who gave it, that might explain the gift and show there was no undue influence. Also, if the person giving the gift was independent and strong-willed, that might show they were not influenced. But if the person giving the gift was in poor health or easily influenced, that might show there was undue influence. Patrick J. Lannon is a lawyer who specializes in helping people with their wills, trusts, and estates. He has a lot of experience in estate planning and administration, and he’s really good at it. He went to Harvard Law School and is a member of the Florida and New York bars, which means he’s allowed to practice law in those states. He’s part of the Real Property, Probate and Trust Law Section, and he’s really good at what he does.

Source: https://www.floridabar.org/the-florida-bar-journal/challenging-inter-vivos-transfers-procured-by-undue-influence-factors-to-consider/