Understanding Undue Influence In Florida
Last updated on June 8, 2026
Undue influence occurs when a person coerces or deceives someone into changing their estate planning documents so that the person benefits from it. This can happen when the testator is creating or updating their will, trusts and powers of attorney. For example, you may notice that an elderly family member is making sudden changes to their will at the urging of someone else.
If you suspect that a loved one was the victim of undue influence, speak with attorney Brandon Forgione. He has over 10 years of experience in Florida estate planning disputes, including those involving undue influence. He will help you determine whether undue influence occurred and will contest the estate plan. Contact Forgione Law, P.A., in the Stuart area today for a consultation.
How Do You Recognize Undue Influence?
There are many signs that a loved one may be unduly influenced by someone who does not have their best interests in mind. Some signs to watch for include:
- Withdrawing from friends and family
- Making suspicious changes to wills, trusts and powers of attorney
- Declining physically or mentally
- Letting another person have power (influence) over their finances and assets, especially if they are a nonfamily member
- Giving away assets to the influencer
- Refusing to discuss the process involved in the estate plan’s creation
These may be warning signs that someone is exerting undue influence over your loved one. Sadly, there are people who take advantage of elderly or otherwise vulnerable people in this manner. They may be:
- A family member
- A caregiver
- A friend
- A financial adviser
- A health care professional
- A lawyer
- A member of the clergy
- A scam artist
If you think that undue influence is occurring or has occurred, speak with attorney Forgione as soon as possible.
Proving Undue Influence Is Key
To contest an estate plan because of allegations of undue influence, you must first prove that it happened. Attorney Forgione can help you gather medical records, financial records, previous wills and trusts, letters, and emails or texts. These records can show the changes in the will and trusts, as well as whether the testator was deteriorating mentally or physically.
In addition, you will need to prove that the testator was vulnerable to undue influence because of their age, cognitive decline, isolation or dependence on the influencer. You may be able to demonstrate that the testator had no choice under the circumstances. The influencer also must use unfair actions to achieve an inequitable outcome that benefits them.
Frequently Asked Questions About Undue Influence
Since undue influence can harm an individual and their families, it is common to face questions. Below, attorney Forgione addresses issues that frequently arise in Florida cases.
Is undue influence a crime in Florida?
No. Undue influence is not a standalone offense in Florida. It is a civil basis for challenging a will, trust or transfer that appears to reflect someone else’s wishes instead of the decedent’s intent. Courts evaluate the circumstances, the relationship between parties and any indicators of manipulation.
Although undue influence is a civil matter, related conduct such as financial exploitation of an elderly person can lead to a criminal investigation.
What role do medical records play in proving undue influence?
Medical records can be important because they help establish the decedent’s physical and cognitive condition at the time of the disputed estate plan change. They may show memory loss, impaired judgment or reliance on others for daily needs and can also document diagnoses that affect decision making. When combined with testimony and other evidence, medical records help the court determine if the person was vulnerable to manipulation.
Relevant types of medical records may include physician notes, neuropsychological evaluations and medication histories. These materials help clarify whether the decedent could independently understand and approve the estate planning decisions at issue.
What is a confidential relationship? Why does it matter in undue influence cases?
A confidential relationship involves one person placing trust in another for guidance, support or decision making. Such a relationship can arise between family members, caregivers, advisors or even close acquaintances.
It matters because Florida courts view these relationships as a potential source of improper influence. When a beneficiary in a confidential relationship is active in procuring a will or trust, a legal presumption of undue influence may arise. This shifts the burden to the beneficiary to show that the document reflects the decedent’s free and voluntary intent.
What happens if undue influence is proven?
If a court finds that undue influence occurred, the affected document or transfer is typically declared invalid. The court may then reinstate a prior will or apply Florida’s intestacy laws if no earlier valid document exists. Property may also be returned to the estate if it was transferred through improper pressure.
These remedies help ensure that the decedent’s true wishes control the distribution of their assets.
You Can Challenge A Will And/Or Trust
Speak with Brandon Forgione today to get started. Call him at 561-730-3926 or contact him online.