Florida Undue Influence & Tortious Interference with Inheritance: Strategic Probate Litigation to Protect Your Expectancy Rights

Florida Foreclosure Defense Law Firm, P.A.

Protecting Inheritance Rights Under Florida Law

Inheritance disputes in Florida often involve allegations of undue influence, fraud, or wrongful interference with a loved one’s estate plan. When a vulnerable individual’s testamentary intent is overridden by manipulation or deceptive conduct, Florida law provides powerful remedies through probate litigation and civil tort claims. Our firm represents heirs, beneficiaries, and personal representatives in high‑stakes will contests, trust disputes, and tortious interference claims across Florida.

Understanding Undue Influence in Florida Probate Cases

Undue influence occurs when improper persuasion overcomes a person’s free will and substitutes the intent of the influencer for that of the testator or settlor. Florida courts recognize that undue influence is rarely proven by direct evidence because it typically occurs in private. Instead, it is established through circumstantial evidence and recognized legal indicators.

Common indicators considered by Florida courts include:

• Existence of a confidential or fiduciary relationship

• Active procurement of estate documents

• Secrecy surrounding execution of documents

• Isolation of the decedent from family

• Sudden or unnatural changes in estate plans

• Mental or physical decline increasing susceptibility

• Financial transactions benefitting the alleged influencer

Florida appellate decisions emphasize that susceptibility due to age, cognitive decline, depression, anxiety, or physical frailty can significantly lower the threshold required to establish improper influence.

The Presumption of Undue Influence & the Carpenter Framework

When a substantial beneficiary occupies a confidential relationship and actively participates in procuring the contested document, Florida law may create a presumption of undue influence. Once triggered, the burden shifts to the beneficiary to rebut the presumption with competent evidence.

Florida courts have identified multiple evidentiary factors—including involvement in selecting the drafting attorney, giving instructions regarding preparation of the instrument, presence during execution, and knowledge of contents before others—as relevant to determining active procurement.

Tortious Interference with an Expectancy of Inheritance

Beyond traditional probate challenges, Florida recognizes an independent civil cause of action for tortious interference with an expectancy of inheritance. This claim applies when wrongful conduct prevents a decedent’s intended gift or beneficiary designation from being carried out.

To establish tortious interference under Florida law, a plaintiff must show:

1. A reasonable expectancy of inheritance or gift;

2. Intentional interference through tortious conduct (such as fraud or undue influence);

3. Causation; and

4. Resulting damages.

Florida courts have repeatedly held that an expectancy need not be a vested property right. It may involve anticipated gifts under wills, trusts, beneficiary designations, joint accounts, payable‑on‑death accounts, or other inter vivos transfers.

Recent Florida Litigation Demonstrates the Strength of These Claims

Recent circuit court litigation in Florida illustrates how courts analyze motions to dismiss in inheritance interference cases. In that matter, the plaintiff alleged that a sibling prevented the decedent from removing her as a joint account holder and from implementing long‑standing donative intentions. The court examined whether the complaint sufficiently pled undue influence and tortious interference.

Applying Florida’s pleading standards, the court emphasized that factual allegations must be accepted as true at the motion‑to‑dismiss stage. Detailed evidentiary proof is not required at the outset—only ultimate facts showing entitlement to relief. Allegations of insidious influence, susceptibility due to declining health, interference with beneficiary designations, and diversion of non‑probate assets were deemed legally sufficient to proceed.

The decision reinforces several important principles: (1) Undue influence may be proven by circumstantial evidence; (2) A fixed donative intent frustrated by wrongful conduct supports a tort claim; (3) Interference with non‑probate assets—such as joint bank accounts—can form the basis of civil liability outside the traditional probate proceeding.

Non‑Probate Assets and Civil Remedies

Florida law distinguishes between probate transfers and non‑probate transfers. Joint accounts, payable‑on‑death designations, life insurance policies, annuities, and revocable trusts frequently pass outside probate. However, wrongful diversion of these assets may still give rise to civil tort liability.

Where fraud, coercion, or improper persuasion prevents the decedent from executing intended changes, courts may impose liability—even though the asset itself did not pass through probate administration.

Strategic Litigation Approach

Our firm approaches undue influence and inheritance interference claims as complex litigation matters requiring detailed factual investigation, forensic financial review, deposition strategy, and aggressive motion practice. We analyze medical records, attorney communications, banking transactions, and timing of estate plan amendments to build compelling evidentiary narratives.

Because undue influence is often subtle and concealed, cases are developed through layered circumstantial proof demonstrating motive, opportunity, susceptibility, and unnatural results.

Speak with a Florida Probate Litigation Attorney Today

If you believe a will, trust, beneficiary designation, or joint account was altered through manipulation, coercion, or fraud, immediate action is critical. Florida imposes strict deadlines in probate and civil actions. Failure to act promptly can permanently bar recovery.

Florida Foreclosure Defense Law Firm, P.A. represents clients throughout Volusia County, Miami‑Dade County, Broward County, Palm Beach County, and surrounding jurisdictions in high‑conflict probate and trust litigation and is a Florida inheritance lawyer.

Call (877) 667‑1211 or visit https://www.flforeclosuredefensefirm.com to schedule a consultation.