The Law Offices of Adrian Philip Thomas

Do I Have a Case? The Presumption of Undue Influence?

Posted by Adrian P. Thomas on October 14th, 2008   |   No Comments »

Do I Have a Case? (Part Four)

As I have indicated in prior posts, there are certain categories of evidence that I look for in order to prove undue influence, which has been defined by Florida courts as conduct amounting to overpersuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that the free agency and will power of the testator is destroyed. In re Carpenter’s Estate, 253 So. 2d 697 (Fla. 1971).

In Florida, the legislature has created a presumption of undue influence.  What does this mean? Read the rest of this entry

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