Probate fraud and undue influence are two of the most common grounds for challenging a will or estate transfer in Florida. Probate fraud occurs when someone deceives a person into signing a document they did not intend to sign, or forges or alters that document; undue influence occurs when a person in a position of trust overpowers the free will of the decedent so that the resulting will or gift reflects the influencer’s wishes rather than the decedent’s. Both are recognized under Florida law as reasons a court may set aside a will, a beneficiary designation, or a lifetime transfer.
In Palm Beach County, where so many estates involve elderly residents, second marriages, blended families, and significant assets, these claims surface often. They are especially relevant when an estate that should have passed under Florida’s intestacy statutes was instead diverted by a late-in-life will or a sudden change to a deed or account. This guide explains how these claims work, who can bring them, and what you need to prove.
What Counts as Probate Fraud Under Florida Law
Florida Statutes section 732.5165 states plainly that a will is void if its execution was procured by fraud, duress, mistake, or undue influence, and that any part of a will so procured is void. Fraud in the probate context generally takes one of two forms.
- Fraud in the execution. The decedent was deceived about the nature of the document. For example, a caregiver tells an elderly man he is signing a Medicare form when he is actually signing a new will.
- Fraud in the inducement. The decedent knew he was signing a will but was lied to about a material fact that changed his decision — such as being falsely told that a daughter had died, abandoned him, or stolen from him, prompting him to disinherit her.
Forgery is a related but distinct ground. If a signature is not genuine, the document is simply not the decedent’s will at all, and handwriting analysis often becomes central to the case.
What You Have to Prove for Fraud
A fraud claim in Florida requires the challenger to establish, by the greater weight of the evidence, several elements: a false statement of material fact, knowledge by the wrongdoer that the statement was false, an intention that the decedent rely on it, actual reliance by the decedent, and a resulting will or gift that would not otherwise have existed. Fraud is rarely admitted, so it is usually built from circumstantial evidence — timing, opportunity, and the implausibility of an innocent explanation.
Undue Influence: Florida’s Most Litigated Will Challenge
Undue influence is far more common than outright fraud because it does not require a flat-out lie. It requires overreaching. Florida courts describe undue influence as mental coercion that destroys the free agency of the testator and substitutes the will of another. A persistent adult child, a new spouse, or a trusted caregiver who isolates the decedent and steers the estate toward themselves is the classic fact pattern.
The leading Florida case, In re Estate of Carpenter (Fla. 1971), established the framework courts still use today. A challenger who shows three things creates a presumption of undue influence:
- The person accused was a substantial beneficiary under the will or transfer;
- That person occupied a confidential or fiduciary relationship with the decedent; and
- That person was active in procuring the will or gift.
The Carpenter Factors
To decide whether someone was “active in procurement,” Florida courts weigh a non-exclusive list of factors drawn from Carpenter, including whether the influencer was present when the will was signed, was present when the decedent expressed a desire to make a will, recommended the attorney who drafted it, knew the contents before execution, gave instructions to the drafting attorney, secured the witnesses, or kept possession of the signed will. No single factor controls; the court looks at the totality.
Florida Statutes section 733.107 confirms that once the challenger establishes these elements, the burden of proof shifts to the alleged influencer to come forward with a reasonable explanation for the active role. This burden-shifting is what makes undue influence claims viable even when there is no direct evidence of coercion behind closed doors.
Why These Claims Matter in No-Will and Intestate Situations
When a Florida resident dies without a valid will, the estate passes by intestate succession under Florida Statutes sections 732.101 through 732.111 — spouse and descendants first, then parents, siblings, and more remote relatives in a fixed order. Fraud and undue influence claims often arise precisely because someone tried to override that natural result.
Picture a widow with three children who, in her final months, signs a will leaving everything to the one child who moved in as her caregiver. The other two children are not just contesting a document — they are fighting to restore the distribution that Florida intestacy law, or an earlier valid will, would have produced. If the late will is set aside for undue influence, the estate may revert to the prior will or, if none exists, to the intestate shares the family expected all along.
The same logic applies to non-probate transfers. A deed signed weeks before death, a payable-on-death account suddenly retitled, or a beneficiary form changed at a hospital bedside can all be attacked on fraud or undue-influence grounds, and Florida courts can impose a constructive trust to claw those assets back into the estate.
Red Flags That Often Support a Claim
- A dramatic change to the estate plan late in life, especially during illness or cognitive decline.
- Isolation of the decedent from other family members by the person who benefited.
- A new will that disinherits natural heirs in favor of a recent acquaintance, caregiver, or new spouse.
- The beneficiary arranging and paying for the attorney, transportation, and witnesses.
- Diagnoses of dementia, Alzheimer’s, or heavy medication around the signing date.
- Secrecy — the document only surfaces after death and surprises the family.
Lack of Capacity: A Frequent Companion Claim
Fraud and undue influence are often pleaded alongside lack of testamentary capacity. Under Florida law, a person making a will must understand, in a general way, the nature and extent of their property, the natural objects of their bounty (their family), and the practical effect of the will. A vulnerable, confused testator is both easier to defraud and easier to influence, so medical records, treating-physician testimony, and the testator’s own statements frequently do double duty across all three theories.
Who Can Bring a Claim, and the Deadlines That Control It
An “interested person” — typically an heir, a beneficiary under a prior will, or anyone whose share would change if the will were invalidated — has standing to object. Timing, however, is unforgiving.
- If you receive formal notice of administration, Florida Statutes section 733.212 generally gives you only three months from service to file an objection to the validity of the will. Miss that window and your challenge is usually barred.
- Creditor and other claims are governed by separate, equally strict deadlines under section 733.702 and the statute of repose in section 733.710.
- Lifetime transfers (deeds, accounts) attacked outside probate follow general civil limitations periods, which can differ significantly.
Because these deadlines are short and the consequences of missing them are permanent, anyone who suspects wrongdoing should consult counsel immediately rather than waiting for the estate to “play out.”
How These Cases Are Proven and Resolved
Will-contest litigation moves through the same probate division that handles the underlying estate. Discovery is the heart of the case — depositions of the drafting attorney, the witnesses, and the caregiver; subpoenas for medical, banking, and phone records; and frequently a forensic document examiner or a geriatric medical expert. Many disputes settle at mediation, which Florida courts strongly encourage, because litigation is expensive and outcomes are uncertain. Those that do not settle proceed to a bench trial before a probate judge.
One cautionary note: Florida recognizes in terrorem (no-contest) clauses as unenforceable under section 732.517 for wills and section 736.1108 for trusts. That means a Florida beneficiary generally will not forfeit their inheritance merely for bringing a good-faith challenge — a meaningful difference from many other states.
When to Bring in Experienced Probate Litigation Counsel
Fraud and undue influence cases turn on nuance: who was in the room, what the medical records say, how the burden shifts, and whether you act before the deadline closes. They reward early, aggressive investigation and careful pleading. If you believe a Palm Beach estate was diverted from its rightful heirs, speak with a probate litigation attorney promptly.
Our firm handles contested estates in Florida and works with the team at . For complex multistate or high-value disputes, the firm’s New York attorneys offer deep experience in , and can guide families through the mechanics of a when assets cross state lines. To understand how a contested will interacts with the default rules, review our overview of Florida probate and how an estate is administered when there is no valid will. When you are ready to discuss your case, contact our Palm Beach office to schedule a consultation before the objection deadline runs.
Frequently Asked Questions
What is the difference between probate fraud and undue influence in Florida?
Probate fraud involves deception — the decedent was lied to about the nature of a document or a material fact that changed their decision, or a signature was forged. Undue influence involves coercion — a person in a position of trust overpowers the decedent’s free will so the will or gift reflects the influencer’s wishes. Both can void a will under Florida Statutes section 732.5165.
How do you prove undue influence in a Florida will contest?
Florida uses the framework from In re Estate of Carpenter. If you show the alleged influencer was a substantial beneficiary, had a confidential or fiduciary relationship with the decedent, and was active in procuring the will, a presumption of undue influence arises. Under section 733.107, the burden then shifts to the influencer to explain their active role.
How long do I have to challenge a will in Florida?
If you are served with a formal notice of administration, Florida Statutes section 733.212 generally gives you only three months from the date of service to file an objection to the will’s validity. These deadlines are strict and missing them usually bars the challenge, so consult an attorney immediately.
Can a will contest affect an estate that would otherwise pass without a will?
Yes. Many fraud and undue influence claims arise because a late-in-life will diverted assets away from the heirs who would inherit under Florida’s intestacy statutes (sections 732.101–732.111). If the will is set aside, the estate may pass under a prior valid will or, if none exists, under intestate succession.
Will I lose my inheritance if I challenge a will and lose?
In Florida, no-contest (in terrorem) clauses are unenforceable under section 732.517 for wills and section 736.1108 for trusts. A beneficiary generally will not forfeit their share simply for bringing a good-faith challenge, unlike in many other states.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
