Undue influence is a serious issue that can undermine the authenticity of a will. If you believe that someone used manipulation or coercion to alter a loved one’s will, it’s important to address the situation promptly. This type of influence often involves pressuring the testator to make decisions they wouldn’t have made otherwise, which can lead to legal disputes down the road.
Understand what undue influence is
Undue influence occurs when someone exerts pressure on the person making the will (the testator) to get them to include certain provisions or beneficiaries that they wouldn’t otherwise choose. It typically involves manipulation, threats, or emotional blackmail. In Florida, the courts consider whether the person exerting influence had control over the testator and if they benefited from the changes made to the will.
Gather evidence of coercion
If you suspect undue influence, start by gathering evidence that could support your claims. Look for signs of manipulation such as the testator being isolated, acting under duress, or making decisions that don’t align with their previous wishes. Evidence could also include testimony from witnesses who were present during the will’s execution or documentation that shows the testator was in a vulnerable state.
Challenge the will in court
In Florida, if you believe undue influence is a factor, you can challenge the will through the probate court. You’ll need to prove that the will was not made voluntarily by the testator. The court will examine the circumstances around the creation of the will, including the testator’s mental state, the presence of a person exerting influence, and any unusual changes in the will’s terms.
Take action quickly
Time is of the essence when contesting a will due to undue influence. Florida law sets deadlines for contesting a will, typically within three months of the will being admitted to probate. It’s essential to act within this timeframe to avoid losing your chance to challenge the document.
Suspicion of undue influence can create serious legal challenges, but it is possible to address the issue through the courts. Being prepared with evidence and legal support will make the process easier.