{"id":6395,"date":"2026-10-30T08:52:30","date_gmt":"2026-10-30T08:52:30","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-are-the-three-elements-of-undue-influence\/"},"modified":"2026-11-04T00:38:24","modified_gmt":"2026-11-04T00:38:24","slug":"what-are-the-three-elements-of-undue-influence","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-are-the-three-elements-of-undue-influence\/","title":{"rendered":"Undue Influence Elements in Florida: A Plain Guide"},"content":{"rendered":"\n
<\/span>\"Wooden
\n

Probate & Trust Litigation | Coral Gables, Florida<\/p>

Undue Influence in Florida: A Plain Guide to the Elements<\/h1>

Learn how Florida law approaches undue influence claims in wills and trusts, and how Trust Counsel, PL, a Coral Gables firm, can help you understand your options.<\/p>

Book a free strategy call<\/a><\/div>
Book a free strategy call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Leslie V. Marenco \u00b7 Published October 30, 2026<\/p>\n\n

\n\n\n

Responsible attorney: Leslie V. Marenco, Trust Counsel, PL, Coral Gables, Florida.<\/em><\/p>\n

Lawyers often test the claim with three questions. What are the three elements of undue influence? Questions about undue influence in a trust or estate dispute often depend on the specific facts and circumstances of each situation.<\/p>\n

What does undue influence mean in a will or trust?<\/h2>\n

Ordinary persuasion is different. A parent who loves one child more, or who chooses to leave a gift to a helpful caregiver, has not necessarily been unduly influenced. The real question is whether another person’s pressure replaced the maker’s own choice. For a broader view of disputes like this, see our trust litigation overview<\/a>.<\/p>\n\n

\n

If you're worried a parent's will or trust changed while they leaned on someone else, we can talk through the facts with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Close-up<\/figure>\n

What are the three elements of undue influence?<\/h2>\n

Each case turns on its own facts.<\/p>\n

Susceptibility.<\/strong> Was the maker vulnerable when the document was signed? Someone who is elderly, seriously ill, dependent on another person for daily care, or weakened in mind or body may be susceptible. The focus is the maker’s condition on the signing date.<\/p>\n

Opportunity.<\/strong> Did the other person have access to the maker and a real chance to shape the decision? Controlling visits, handling paperwork, or sitting in on meetings with the drafting attorney are examples of opportunity.<\/p>\n

Actual exertion of influence.<\/strong> Did that person’s pressure produce a change the maker would not otherwise have made? A new beneficiary or a sharply altered share that matches the influencer’s interest, rather than earlier plans, is the kind of change courts examine.<\/p>\n

Other states word the test differently. Whether the elements are met turns on the facts of each case.<\/p>\n

How the presumption and burden of proof work in Florida<\/h2>\n

The person challenging a will generally carries the burden. In a will contest, the proponent must first establish prima facie the will’s formal execution and attestation. After that, the contestant must establish the grounds for opposing probate (Fla. Stat. \u00a7 733.107<\/a>). The Florida Probate Rules<\/a> state the same will-contest burden.<\/p>\n

A trust contest follows a similar rule. The contestant has the burden of establishing the grounds for invalidity (Fla. Stat. \u00a7 736.0207<\/a>).<\/p>\n

The presumption works differently. In any transaction or event to which the presumption of undue influence applies, it is a presumption shifting the burden of proof under \u00a7\u00a7 90.301-90.304 (Fla. Stat. \u00a7 733.107<\/a>).<\/p>\n

Warning signs courts and attorneys look at<\/h2>\n

Warning signs are facts a court weighs. They are not proof on their own.<\/p>\n