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Florida Probate Blog

Posts Tagged: summary judgment

Undue Influence: Summary Judgments Are Rare in Cases of Undue Influence

Written by on Sep 16, 2008| Posted in: Estate Litigation

Undue Influence Florida When can you get a summary judgment in Florida when there’s been undue influence? Not often. RBC Ministeries filed a lawsuit to revoke probation of the will of Lewis Simoneau, and Barbara Topkins filed for summary judgment to allow the will to go forward, and won.  RBC Ministeries appealed, arguing that there was undisputed evidence establishing a legal presumption that Barbara Topkins exerted undue influence over Lewis Simoneau, who lacked testamentary capacity.  It was urged that the will was void, and a prior 1977 Will was legal (which named RBC Ministeries, not Barbara Topkins, as its residual beneficiary). Undue influence is the overpersuasion, coercion or force that destroys or hampers the free agency and willpower of the testator.  If a main beneficiary has a confidential relationship with the person who signs the will, and is actively involved in that person finalizing that will, then the law will […]

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