Undue Influence

Undue Influence is an Affirmative Defense in probate matters that may be raised by a person contesting the validity of a will. The party raising the defense has the burden of proof throughout the proceeding, and meets the burden by showing the opposing parties


 * 1) occupied a confidential relationship with the decedent,
 * 2) were substantial beneficiaries under the will, and
 * 3) were active in procuring the execution of the contested will.

Langford v. McCormick, Case::552 So.2d 964, 967-68 (Fla. 1st DCA 1989), citing Carter v. Carter, Case::526 So.2d 141 (Fla. 3d DCA). Once the burden is met, the opposing beneficiaries bear the burden of explaining their active involvement in the preparation of the will; but do not have to disprove undue influence. If their explanation was reasonable, the presumption vanishes and the court must then determine whether the contestant has established undue influence by the greater weight of the evidence. Langford, citing Ballard v. Ballard, Case::549 So.2d 1176 (Fla. 2d DCA 1989).