When a Will Doesn’t Add Up: Undue Influence and What Beneficiaries Should Know

Every family has that moment. A parent passes away, the will gets read, and something feels off. Maybe a caregiver who showed up two years ago is suddenly getting the lion’s share of the estate. Maybe a sibling who barely visited is now in charge of everything. If that sounds familiar, you may be dealing with undue influence, and it is worth understanding what that actually means before you decide what to do next.

What Undue Influence Really Means

Under Florida law, a will is void if it was procured through fraud, duress, mistake, or undue influence. Florida Statutes Section 732.5165 spells this out directly, and it applies to the entire will or just the parts affected by the improper conduct. Undue influence is not simply someone being persuasive or a parent choosing to favor one child. It is a situation where someone’s free will was essentially replaced by pressure, manipulation, or control from another person, usually someone the deceased trusted or depended on.

Signs That Often Raise Questions

Courts and probate attorneys tend to look at a similar set of red flags when undue influence is alleged. None of these alone proves anything, but together they can paint a troubling picture:

• The beneficiary was present when the will was signed or when the deceased talked about making changes to it.
• The beneficiary recommended or hired the attorney who drafted the will.
• The beneficiary knew what was in the will before it was signed.
• The deceased was isolated from other family members in the months before the will changed.
• There was a sudden, unexplained shift in who was set to inherit.

What Happens If a Challenge Succeeds

If a court finds that a will was procured through undue influence, that portion of the will, or the entire document depending on the circumstances, can be thrown out. That often means an earlier valid will takes its place, or if no earlier will exists, the estate passes according to Florida’s intestacy laws. This process is not quick, and it requires evidence, not just a hunch that something seemed strange. Timing matters too, since there are limited windows for filing a challenge once the will has been submitted to probate.

Weighing Your Options

If you suspect a loved one’s will does not reflect what they actually wanted, you are not alone in wondering what to do about it. These situations are emotional, and they often involve people you have known your whole life, which makes everything harder. Understanding the legal standard is the first step, and knowing your options is the second. Fort Lauderdale probate litigation can be complicated, and having someone in your corner who understands how these cases play out makes a real difference. At the office of Edward J. Jennings, P.A., we represent beneficiaries who believe a will does not reflect a loved one’s true intentions, and we are glad to talk through what you are seeing and whether it is worth pursuing. If any of this sounds like your situation, reach out to our Fort Lauderdale will contest attorneys to talk it through.

Source:

flsenate.gov/Laws/Statutes/2024/732.5165