A person supporting the will (the proponent) must first show that the will was properly executed and witnessed; this is known as making a prima facie showing of due execution. A properly executed self‑proving affidavit or a sworn statement by an attesting witness is sufficient to satisfy this initial burden. Once that showing is made, the burden shifts to the person challenging the will (the contestant) to prove why the will should not be admitted to probate or should be revoked, such as on grounds of fraud, coercion, or lack of capacity, as outlined in Florida Statute section 733.107(1).
When there is a claim of undue influence—that someone improperly influenced the person making the will—Florida law recognizes a presumption designed to protect against abuse of fiduciary or confidential relationships. Under section 733.107(2), this presumption of undue influence shifts the burden of proof to the person accused of exercising that influence, who must then prove that the will was not the product of undue influence, in accordance with Florida’s evidence rules.
See, Fla. Stat § 733.107
Steven G. Nilsson, “Florida’s New Statutory Presumption of Undue Influence—Does It Change the Law or Merely Clarify It?” 77 Fla. B.J. 38 (Feb. 2003)
Contact Cox Law, PLLC
If you have questions about undue influence, will contests, or estate litigation in Florida, Cox Law, PLLC can help. Contact us today for a consultation by calling (813) 685-8600 or emailing WebQuestion@coxlawpllc.com.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content or contacting Cox Law, PLLC through this website. Every legal situation is different, and you should consult with a qualified attorney regarding your specific circumstances. Past results do not guarantee future outcomes.
When there is a claim of undue influence—that someone improperly influenced the person making the will—Florida law recognizes a presumption designed to protect against abuse of fiduciary or confidential relationships. Under section 733.107(2), this presumption of undue influence shifts the burden of proof to the person accused of exercising that influence, who must then prove that the will was not the product of undue influence, in accordance with Florida’s evidence rules.
See, Fla. Stat § 733.107
Steven G. Nilsson, “Florida’s New Statutory Presumption of Undue Influence—Does It Change the Law or Merely Clarify It?” 77 Fla. B.J. 38 (Feb. 2003)
Contact Cox Law, PLLC
If you have questions about undue influence, will contests, or estate litigation in Florida, Cox Law, PLLC can help. Contact us today for a consultation by calling (813) 685-8600 or emailing WebQuestion@coxlawpllc.com.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content or contacting Cox Law, PLLC through this website. Every legal situation is different, and you should consult with a qualified attorney regarding your specific circumstances. Past results do not guarantee future outcomes.
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