In Florida, How Does A Presumption Of Undue Influence Affect A Will Contest Case?

Attorney Jeffrey P. Coleman answers a common question about undue influence in a will contest case.

If the contestant of the will, that is the person who’s attacking the will, has established the necessary parts to show that there is a presumption of undue influence, then the burden shifts over and back to the proponent of the will and he or she must try to overcome that presumption.  The presumption means that the court will lean towards or accept that there was undue influence absent overcoming that presumption.

Related Posts