Proving Someone Wrongly Influenced a Will in Florida

1. The testator was in a vulnerable state and easily influenced by others.
2. The person accused of exerting undue influence had the chance to manipulate the testator’s decisions.
3. The person accused of undue influence used coercion or manipulation to obtain an unfair will or legal document. – Factors that may make a person susceptible to undue influence include advanced age, physical or mental illness, isolation or dependency, illiteracy or lack of education, and emotional instability.
– Factors that may indicate that an alleged influencer had the opportunity to exert undue influence include living with the testator, providing care or assistance to the testator, controlling the testator’s finances, and excluding other family members or friends from the testator’s life.
– Some factors that may indicate that undue influence was used include a sudden and inexplicable change in the testator’s behavior or attitude, a will or other document that is dramatically different from the testator’s previous will or other documents, and evidence that the alleged influencer had a motive to manipulate the testator, such as a desire to inherit a larger share of the testator’s estate.

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