“Understanding Undue Influence on Trusts in Florida”

– Undue influence in trust disputes refers to controlling the mind of the settlor by outside influences, to the point where they did not act voluntarily.
– It requires proving that the settlor was subject to the will of another when creating or changing the trust.
– Mere affection or attachment of one person for another may not constitute undue influence, but rather overpersuasion, duress, force, coercion, or fraudulent conduct that destroys the free will of the settlor. 1. The beneficiary had a substantial benefit under the will or trust.
2. The beneficiary had a confidential relationship with the decedent.
3. The beneficiary was active in the procurement of the will or trust.
4. The beneficiary was present at the execution of the will or trust.
5. The beneficiary was present when the decedent expressed a desire to make a will or trust.
6. The beneficiary recommended an attorney to draw the will or trust.
7. The beneficiary knew the contents of the will or trust before it was executed.
8. The beneficiary gave instructions on the preparation of the will or trust to the attorney.
9. The beneficiary secured witnesses to the will or trust.
10. The beneficiary kept the will or trust after it was executed.
11. There is an inequality of mental capacity and strength between the decedent and the person with the confidential relationship. 1. Once the presumption of undue influence is established, the burden of proof shifts to the proponent of the trust or will to prove the nonexistence of the presumed fact of undue influence.
2. A presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and shifts the burden of proof.
3. Florida law allows for a trust to be challenged on the basis of undue influence if it can be proven that the settlor was influenced to the extent that they were acting under the will of another.
4. Florida law provides for a presumption of undue influence if sufficient factors supporting undue influence can be proven.
5. Once the presumption of undue influence is established, the burden shifts to the beneficiary to disprove the presumption due to Florida’s public policy against abuse of fiduciary or confidential relationships.

https://www.jimersonfirm.com/blog/2024/01/what-constitutes-undue-influence-sufficient-to-challenge-a-trust-in-florida/