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How would an undue influence claim arise?

How would an undue influence claim arise? | Metnick, Levy & Dyson | Let Us Be Your Solution | 1-(800) MYATTORNEY | | 15300 Jog Road, Suite 103, Delray Beach, Florida 33446 | (561)498-9979 Florida courts look at three factors to determine if there's undue influence. One of the factors is the person who is allegedly committing the undue influence, a substantial beneficiary under the will or trust. That is fairly easy to prove looking at the documents. The next factor they look at is whether the person who is committing the undue influence had a confidential relationship with the deceased. That is also fairly easy to establish. The last factor is where things get complicated. The last factor you look at is whether that substantial beneficiary who committed undue influence actively procured the documents. The courts look at several different factors to see if that is the case. One is did that person committing the undue influence call an attorney to have them draft the documents. Did that person committing undue influence know of the contents of the document, did they supply witnesses, did they keep a copy of the document. That's not an exhaustive list but those are the things that are looked at when pursuing an undue influence claim.