Seven Carpenter Factors in Undue Influence Claims

In Florida probate litigation, a common ground for challenging a will or trust is undue influence by a beneficiary who had a confidential relationship with the decedent. One must show not only that such a relationship existed, but that the beneficiary actively procured the will or trust. Proving active procurement of a will or trust is challenging, since the person who made the estate plan has passed away. Therefore, courts rely heavily on circumstantial evidence.

The Seven Carpenter Factors

The Supreme Court of Florida in In re Estate of Carpenter outlined seven criteria (“Carpenter factors”) that help courts determine whether a beneficiary actively procured a will or trust or if there was undue influence at play. They are:

1. The beneficiary was present when the will was executed.
2. The beneficiary was present when the testator expressed a desire to make a will.
3. The beneficiary recommended an attorney to prepare the will.
4. The beneficiary had knowledge of the will’s contents before it was executed.
5. The beneficiary gave instructions to the attorney regarding how to draft the will.
6. The beneficiary secured witnesses for the will.
7. The beneficiary kept the will after its execution.

Carpenter made clear these factors are not mandatory in every case. Courts rarely find all seven present; rather, these serve as warning signs.

Additional Indicators

Florida courts have long recognized that there are other factors, outside of the seven Carpenter factors, that may help or hurt one’s case when claims of undue influence are raised. At least three of these additional indicators are:

• Isolation of the decedent and disparagement of family members. Deliberate efforts by the beneficiary to cut off the decedent from relatives or friends, or to defame or alienate those relatives, are factors courts consider. Examples include intercepting or suppressing communication, preventing visits, or disparaging behavior toward family to break bonds of affection.
• Mental inequality. This refers to disparities between the mental strength or capacity of the decedent and the beneficiary. This doesn’t mean lack of testamentary capacity per se, but that the decedent may have been especially vulnerable or easily influenced relative to the beneficiary. Evidence of “weak mind,” limited education or understanding, or dependence may come into play.
• Reasonableness or unreasonableness of provisions. How fair or natural do the terms of the will or trust appear, given the relationships and prior expectations? If a will makes highly unexpected or grossly unequal distributions, especially in contrast to earlier promises or behavior, that may signal undue influence. But courts caution that unreasonableness alone doesn’t prove undue influence. It must be tied to other evidence.

Seek Legal Help

Undue influence is common among estates, but it’s not easy to prove. If you have concerns, it’s best to obtain legal help.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can help you look for key evidence. We’ll work to preserve your legal rights and help you get what’s fair after a loved one’s passing. Schedule a consultation by calling 954-764-4330 or filling out the online form.

Source:

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