Undue Influence in Florida Estate Litigation

Family members may have deep hopes about what they should receive from an estate. For this reason, when it comes to wills, trusts, and the distribution of an estate, emotions often run high. In some cases, expectations cross a legal line,  undue influence is exercised over the person creating their estate plan.

For anyone involved in a dispute over a will or trust, understanding what a vested interest is and how it can impact a case is essential. Talk to a Pompano Beach estate litigation lawyer to learn more.

How Standing Can Lead to Undue Influence

Standing refers to a person’s legal or financial stake in a particular outcome. In estate law, it usually describes someone who stands to gain directly from the way an estate is distributed. Typically, a person named as a beneficiary in a will or a family member.

Having standing isn’t inherently improper, most heirs and beneficiaries have it. The problem arises when that interest unduly and improperly motivates someone to manipulate or pressure the person making the decisions. When this happens, it may be considered undue influence.

Undue influence occurs when someone uses manipulation, pressure, coercion, duress or control to convince a vulnerable person to change their estate plan in a way that benefits the influencer. The person exerting influence might isolate the testator, restrict access to other family members, or take over financial decision-making.

Because undue influence is often subtle, Florida courts look at the circumstances surrounding the estate plan. They consider factors such as:

• Whether the alleged influencer had a confidential or fiduciary relationship with the testator.
• If that person actively participated in preparing or executing the will.
• Whether the resulting changes significantly benefited the influencer, particularly if others were disinherited.

A qualified Pompano Beach undue influence lawyer can represent your interests in such litigation. So if you need legal advice in connection with an estate or trust litigation matter, contact the offices of Mark R. Manceri, P.A., today at 954-491-7099 to schedule a consultation.