There are only a handful of reasons a person may contest a relative's will under Florida law. One of them is inappropriate or illegal third-party involvement that causes a person (testator) to change the terms of their will in the third-party's favor. Depending on the circumstances, these actions are known as undue influence, fraud, or duress.
Requirements for Fraud and Duress in a Florida Will Contest
Although fraud, duress, and undue influence are often used interchangeably, there are subtle differences. Undue influence involves isolating the testator (either physically or emotionally) and using fear and intimidation to get them to change their will. On the other hand, a testator may be manipulated by:
- Fraud. Fraud involves intentional attempt(s) to deceive or mislead the testator, making them believe false statements that spur them to change their will. In this way, the testator is making the changes of their own free will, but doing so under false impression or incorrect information.
- Duress. Duress is the use of coercion or force to make a testator alter their will. In these cases, the third party often has physical control (or access) to the testator, and threatens physical harm to the testator or someone the testator loves. Under duress, the testator is aware of their actions, but is not making them of their own free will.
- Active procurement. Third parties may involve themselves in the testator's estate planning process to make sure certain changes are made. A third-party's attempts to facilitate the making or rewriting of a will is called active procurement, and could be evidence of undue influence. Common forms of active procurement include a third-party's presence when the testator expressed the desire to make a will, securing of the attorney who drafted the will, obtaining the witnesses to the will, giving instructions on the will's contents to the drafting attorney, knowledge of the contents of the will prior to signing, presence at the execution of the will, and keeping the will in their possession after its execution.
While a will that was made with a lack of testamentary capacity can be declared completely void, a will written with undue influence, fraud, or duress may only have certain portions declared void. For this reason, it's vital to speak with estate litigation attorneys who can piece together the evidence and fight for your inheritance in court.
Contact the attorneys at DeLoach, Hofstra & Cavonis today by filling out our quick contact form to get your questions answered.