In Florida, a probate fraud or undue influence claim asks a court to void all or part of a will because the document does not reflect the decedent’s true wishes. Under Florida Statute § 732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence, and any part so procured is void even if the rest of the will stands. These are among the most fact-intensive disputes in probate litigation, and in real-property-heavy estates—the homestead, the rental duplex, the parcel out west of Boca—the stakes are rarely small.
This guide walks through how these claims actually work in Florida courts, who carries the burden of proof, what evidence moves the needle, and why estates built around real estate present a distinct set of problems. It is written for families and beneficiaries in Palm Beach County trying to understand whether something went wrong—and what the law lets them do about it.
What Counts as Undue Influence Under Florida Law
Undue influence is not the same as influence. A daughter who reminds her aging father that she is the one who drives him to dialysis has influenced him; she has not unduly influenced him. The line is overpersuasion, coercion, or pressure that effectively destroys the testator’s free agency, so that the will speaks the influencer’s intent rather than the decedent’s.
Florida courts have long looked to the framework set out in In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). To trigger a presumption of undue influence, a contestant generally shows three things working together:
- A substantial beneficiary. The person accused received a significant benefit under the will—not a token bequest, but a meaningful share.
- A confidential relationship. The accused stood in a position of trust with the decedent: a caregiver, a child managing the parent’s finances, a holder of power of attorney, a longtime advisor.
- Active procurement of the will. The beneficiary was involved in creating the will—arranging the lawyer, sitting in on meetings, supplying instructions, paying the legal fee, or safeguarding the signed document afterward.
The Carpenter opinion listed seven nonexclusive indicators courts weigh on the active-procurement question, including the beneficiary’s presence at execution, recommending an attorney to draft the will, knowing the contents before signing, instructing the drafting attorney, securing witnesses, and keeping the executed will. No single factor decides the case. A court looks at the whole picture.
Fraud, Duress, and Mistake Are Separate Grounds
Undue influence gets the most attention, but § 732.5165 lists four distinct grounds, and they overlap less than people assume.
- Fraud involves a knowing misrepresentation that causes the testator to make or change a will. Florida recognizes two flavors: fraud in the execution (the testator was deceived about the nature of the document being signed) and fraud in the inducement (the testator knew it was a will but was lied to about a material fact—say, told falsely that a son had died or stolen money).
- Duress is coercion through threats or unlawful pressure that overcomes the testator’s will.
- Mistake can void a provision where the testator’s intent was frustrated by an error, though Florida treats mistake narrowly compared with the other grounds.
A single set of facts often supports more than one theory. A caregiver who isolates an elderly homeowner, lies about the family, and steers every estate-planning decision may be vulnerable to both fraud and undue influence claims pleaded in the alternative.
The Burden of Proof and Why It Shifts
This is where Florida probate litigation gets technical, and where many contests are won or lost. Under Florida Statute § 733.107, the proponent of a will first carries the burden of establishing its formal execution and attestation. Once that prima facie case is made, the burden shifts to the contestant to prove the grounds for invalidating the will.
But the statute does something further. Since the 2002 amendment to § 733.107, when a contestant establishes the Carpenter elements—substantial beneficiary, confidential relationship, active procurement—a presumption of undue influence arises that shifts the burden of proof, not merely the burden of producing evidence. In plain terms: once the presumption attaches, the person who benefited must prove by a preponderance of the evidence that the will was not the product of undue influence. That is a meaningful advantage for a contestant who can assemble the predicate facts.
The practical lesson is that early, careful fact development matters enormously. Whether you can establish active procurement often turns on records that disappear if no one acts: attorney files, draft documents, calendar entries, text messages, and the testimony of the drafting lawyer and witnesses.
Real-Property Estates Raise the Stakes—and the Red Flags
In South Florida, a great many estates are dominated by real estate rather than liquid accounts. A Boca Raton decedent may leave a homestead, a condo at the coast, and an investment parcel or two. When the bulk of an estate is land, undue influence and fraud claims take on features you do not see in a cash-heavy estate.
Watch for these patterns, which recur in real-property disputes:
- Last-minute deed transfers. A quitclaim or warranty deed signed weeks before death, often transferring the homestead to one child or a caregiver, frequently accompanies a contested will. Florida’s homestead protections under Article X, § 4 of the state constitution can complicate—or invalidate—such transfers when there is a surviving spouse or minor child.
- Sudden changes to who holds title or keys. A beneficiary who moves into the property, changes the locks, or starts collecting rents before the estate is administered raises questions about control and possible self-dealing.
- A new beneficiary appearing late. A previously absent relative or hired aide who surfaces in the final months and ends up with the most valuable parcel deserves scrutiny.
- Isolation of the property owner. Cutting off other family members, screening phone calls, and controlling access to the lawyer are classic indicators in cases where land is the prize.
Because real estate cannot be quietly divided or spent the way a bank account can, these disputes are often more visible—but also harder to unwind once title has moved or a sale has closed. That is why a lis pendens and early injunctive relief can be critical to preserving the asset while the contest plays out. If you suspect a problem, do not wait for the property to be sold to a third party.
Capacity Is a Related but Distinct Issue
Families often blur undue influence with lack of testamentary capacity. They are different claims. Capacity asks whether the testator understood, at the moment of signing, the nature of making a will, the general extent of the property, and the natural objects of their bounty. A person with diminished capacity is also more vulnerable to influence, so the two claims frequently travel together—but each must be proved on its own terms. Medical records, treating-physician testimony, and the observations of the attesting witnesses do double duty here.
How These Claims Move Through a Florida Probate Court
A will contest in Florida usually begins after the will is admitted to probate, when an interested person files a petition or objection challenging its validity. Strict deadlines apply: a beneficiary served with formal notice of administration generally has a limited window—commonly 20 or 90 days depending on how notice is given—to file an objection, and missing it can bar the claim entirely. Do not assume you have unlimited time.
From there, the case proceeds much like other civil litigation, with discovery, depositions, and often competing experts. The —document gaps, hostile co-personal-representatives, valuation fights—are amplified when fraud is alleged. Key evidence typically includes:
- The drafting attorney’s file and notes, and the attorney’s testimony about who gave instructions.
- Medical and pharmacy records bearing on capacity and susceptibility.
- Financial records showing transfers, gifts, and changes in account access in the relevant period.
- Communications—texts, emails, voicemails—reflecting control, isolation, or pressure.
- Testimony from neutral witnesses: neighbors, prior caregivers, friends, and earlier estate-planning lawyers.
Many of these cases settle once the evidentiary picture sharpens, particularly after the burden-shifting presumption attaches. But settlement leverage depends on having done the work. The same disciplines that govern apply here—careful documentation, deadline tracking, and a clear theory of the case from day one.
Defending Against an Undue Influence Claim
Not every contest is meritorious, and a named beneficiary or personal representative who genuinely earned their inheritance deserves a vigorous defense. The strongest defenses tend to rebuild the legitimacy of the will: independent legal advice the testator received outside the beneficiary’s presence, a consistent estate plan that predates the alleged influence, contemporaneous notes from the drafting attorney showing the testator’s own reasoning, and credible explanations for why the disposition makes sense. Where the presumption has shifted the burden, the defense must affirmatively show the will reflected the decedent’s free and independent choice.
When to Bring in a Probate Litigator
If you believe a Boca Raton estate—especially one built around real property—has been distorted by fraud or undue influence, time and evidence are working against you the longer you wait. Records get lost, property gets sold, and statutory deadlines close. Conversely, if you have been accused, an early, organized response can resolve matters before litigation costs spiral.
Our firm handles Florida probate disputes with a focus on real-estate-heavy estates. You can learn more about our , review related guidance on wills and will contests and Florida probate administration, or contact our Boca Raton office to discuss your situation. Every estate is different, and the strength of a fraud or undue influence claim turns on facts that a careful review can surface quickly.
This article is general information about Florida law and is not legal advice. Probate outcomes depend on specific facts; consult a licensed Florida attorney about your matter.
Frequently Asked Questions
What is the difference between influence and undue influence in a Florida will contest?
Ordinary influence — a child reminding a parent of help given, or expressing a wish to be remembered — is lawful. Undue influence is overpersuasion or coercion that destroys the testator’s free agency, so the will reflects the influencer’s intent rather than the decedent’s. Florida courts evaluate it using the Carpenter factors: a substantial beneficiary, a confidential relationship, and active procurement of the will.
Who has the burden of proof in a Florida undue influence case?
Under Florida Statute § 733.107, the will’s proponent first establishes proper execution. The contestant then bears the burden of proving the grounds for invalidity. However, since the 2002 amendment, once a contestant establishes the Carpenter elements, a presumption of undue influence arises that shifts the burden of proof to the beneficiary, who must then prove by a preponderance of the evidence that the will was not procured by undue influence.
Can a Florida will be partially voided for fraud or undue influence?
Yes. Florida Statute § 732.5165 provides that a will is void if its execution was procured by fraud, duress, mistake, or undue influence, and any part so procured is void — but the remainder of the will stays valid if it is not otherwise invalid. So a single tainted bequest can be struck while the rest of the document stands.
How long do I have to contest a will in Florida?
Deadlines are strict and depend on how you were notified. A beneficiary served with formal notice of administration generally has a limited window — commonly 20 or 90 days depending on the method of service — to file an objection, and missing it can permanently bar the claim. Because evidence and property can disappear quickly, you should consult a Florida probate attorney as soon as you suspect a problem.
Why are real-property estates more vulnerable to undue influence disputes?
In South Florida, many estates are dominated by real estate rather than cash. Land draws specific abuse patterns: last-minute deed transfers of the homestead, a beneficiary taking possession or collecting rents early, and isolation of the property owner. Because title and sales are hard to reverse once completed, tools like a lis pendens and early injunctive relief are often needed to preserve the asset during the contest.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
