Florida Probate Litigation Cases
Important Cases and Secondary Sources
Florida Probate Litigation Cases
The following links are to important Florida probate litigation cases involving undue influence and tortious interference. Click on the individuals links to read the cases.
Undue Influence Cases
The following cases are important Florida probate litigation cases in the area of undue influence.
- Blinn v. Carlman 159 So.3d 390 (Fla. 4th DCA 2015) – spousal undue influence
- Carter v. Carter 526 So.2d 141 (Fla. 3d DCA 1988) – a person who procures a will in order to favor a third person may still be guilty of undue influence even if he was not made a substantial beneficiary
- Gardiner v. Goertner 110 Fla. 377 (Fla. 1932) – undue influence is proved via circumstantial evidence
- In re Donnelly’s Estate 137 Fla. 459 (Fla. 1938) – “A very wide range of testimony is permissible on the issue of undue influence. This is due to the fact that undue influence seldom can be shown except by circumstantial evidence. It results from the circumstances and surroundings of the testator and his associations with the person or persons exercising the undue influence. For this reason it is proper, on this issue, to consider the testator’s dealings and associations with the beneficiaries; his habits, motives, feelings; his strength or weakness of character; his confidential, family, social, and business relations; the reasonableness or unreasonableness of the will; his mental and physical condition at the time the will was made; his manner and conduct; and generally every fact which will throw any light on the issue raised by the charge of undue influence.”
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