Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust

In short, the legal firm and the attorney that worked on the case did a great job getting a big settlement for their client. The client was hurt in a car accident and the legal team fought hard for them. Now, the client can get the help they need. When someone contests a will or trust, they may argue that the person who created it was influenced by someone else. To prove this, they have to show that the influencer had a close relationship with the person and was involved in making the will or trust. There are seven factors that can help prove this, but they are not the only things that can show influence. In one case, a woman’s sons argued that their sister influenced their mother to leave her entire estate to her. The court agreed and changed the burden of proof in cases like this to make it easier for the person contesting the will or trust. The presumption of undue influence shifts the burden of proof in cases where there is a fiduciary or confidential relationship, meaning the person in that position has to prove they did not unduly influence the testator. In 2004, a court clarified that the presumption still applies even if the person challenging the will presents evidence against it. Besides the factors outlined in a previous case, Florida law also considers if the person influenced the testator by isolating them and speaking badly about their family, if there was a big difference in mental capacity between the testator and the person benefiting, and if the will or trust provisions are reasonable. In Florida, if someone tries to isolate a person and make them believe bad things about their family in order to influence their will, it could be considered undue influence and the will may not be valid. Courts have found that if the person making the will is mentally weaker than the person trying to influence them, the will may also be considered invalid. This is important to make sure that a person’s true wishes are being followed when they pass away. In a nutshell, Florida courts have certain factors they consider when determining if someone has been unduly influenced to make a will or trust. In addition to the factors listed in the Carpenter decision, they also look at the mental strength of the person making the will, and whether the will seems reasonable or not. For example, if someone disinherits their family in favor of someone they barely know, that might be a sign of undue influence. It’s important for lawyers to know about these factors when they’re working on cases involving wills and trusts. These are references to different court cases in Florida where the issue of undue influence in wills was discussed. In some cases, it was found that someone used unfair means to persuade a person to leave them something in their will. This included things like isolating the person, controlling their activities, and even influencing the choice of lawyer to draw up the will. Some of these cases set a precedent for how future cases involving undue influence in wills would be handled. These are references to previous court cases in Florida where they talked about how to prove undue influence in wills. They mention things like inequality of mental strength and active procurement as factors to consider. They also mention cases where the court found no undue influence even though the person helping with the will received valuable property. It’s all about making sure a will is made without being manipulated or pressured.

Source: https://www.floridabar.org/the-florida-bar-journal/make-it-an-even-10-courts-rely-on-more-than-the-seven-carpenter-factors-to-analyze-a-claim-for-undue-influence-of-a-will-or-trust/