Florida/Georgia Personal Injury & Workers Compensation

...(1985), The Probate Code provides for an elective share, §§ 732.201-.215, Fla. Stat. (1985), personal property exemptions, § 732.402, Fla. Stat. (1985), and a family allowance, § 732.403, Fla. Stat. (1985). The Probate Code also protects against fraud, duress, mistake, and undue influence. § 732.5165, Fla....

...se of property freely and without improper interference. In a sense, the beneficiary's action is derivative of the testator's rights. [5] When a will is the product of undue influence or fraud, it is subject to challenge in a probate proceeding. See § 732.5165, Fla....

...Accordingly, we affirm his decision. Appellant Bonomo argues that even if this court upholds the trial court's decision that Grayson exercised undue influence in the procurement of the wills of December 13, 1977, and February 24, 1978, and the amended trust agreement, section 732.5165, Florida Statutes (1987), should protect her inheritance under the will of February 24, 1978, and the amended trust agreement. We reject that contention. Section 732.5165, Florida Statutes (1987), provides: "A will is void if the execution is procured by fraud, duress, mistake, or undue influence....

...doing and, therefore, valid. Thus, they assert the revocation clause invalidates the prior wills thereby requiring intestacy proceedings which would allow them to share in the decedent's estate. The Wehrheims base their argument on the provisions of section 732.5165, Florida Statutes (2003), which provides: "A will is void if the execution is procured by fraud, duress, mistake, or undue influence....

...ion," which cannot appropriately be undertaken in summary judgment proceedings. Heisig v. Heisig (In re Estate of Short), 620 So.2d 1106, 1106 (Fla. 4th DCA 1993). B. Undue Influence A will—or a portion thereof—procured by undue influence is void. § 732.5165, Fla....

...Those statutes were amended to comply with the dictates of Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988). For the same reason, subdivision (e) was eliminated. Statutory References § 731.111, Fla. Stat. Notice to creditors. § 732.5165, Fla....

...protect the public from unethical attorneys in the drafting of wills, however, is entirely within the province of the Florida Legislature. The current statutory framework, contrary to Brown’s implication, does contain some protections. See, e.g., § 732.5165, Fla....

...Second, the mistake of which Patricia complains amounts, at best, to the draftsman's alleged professional negligence in failing to apprise the testator of the need to expressly provide for Patricia in the second codicil; this is not the type of mistake which voids a will under Section 732.5165, Florida Statutes (1987)....

...The court appointed Ward personal representative and the will was admitted to probate on March 5, 1984. Subsequently, the appellants filed a petition for revocation of probate pursuant to Florida Rule of Probate and Guardianship Procedure 5.270 on the ground of undue influence. See § 732.5165, Fla....

...Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla....

...Barbara and Alex's "improper conduct" simply was their recommending and setting up the meetings with Frankel. The Florida Probate Code provides that a will is void, either wholly or in part, if its execution is procured by fraud, duress, mistake, or undue influence. § 732.5165, Fla....

...disposition, does not vitiate the will. Forsythe v. Spielberger, 86 So.2d 427 (Fla. 1956); 1 Page on Wills, Sec. 13.11 (Bowe-Parker ed. 1960); see also In re Estate of Supplee, 247 So.2d 488 (Fla. 2d DCA 1971), cert. den., 250 So.2d 275 (Fla. 1971); Section 732.5165, Florida Statutes (1975)....

...the wills based on undue influence, because they alleged that the entire will was tainted by Narcy’s actions, and the bequests in favor of the stepdaughter and step-grandsons cannot be severed. We agree that the complaint stated a cause of action. Section 732.5165, Florida Statutes (2013) provides: A will is void if the execution is procured by fraud, duress, mistake, or undue influence....

...e valid if it is not invalid for other reasons.... In applying this statute to the present case, the trial court relied on In re Kiggins’ Estate, 67 So.2d 915 (Fla.1953). There, our supreme court- dealt with a *1279 materially identical version of section 732.5165, Florida Statutes....

...Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla....

...2005 Revision: "Beneficiaries" substituted for "devisees" in subdivision (b) to conform language to section 733.109(2), Florida Statutes. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 732.5165, Fla....

...Haynsworth to undue influence in connection with his fee for drafting the February Will, we note that the record contains sufficient evidence to support that finding and we will not disturb it. However, having made such a finding, the proper result under section 732.5165, Florida Statutes (1995), would be to strike only that provision awarding Blum five percent of the estate and admit the rest of the February Will to probate....

...Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla....

...2003 Revision: Committee notes revised. 2005 Revision: “Beneficiaries” substituted for “devisees” in subdivision (b) to conform language to section 733.109(2), Florida Statutes. Statutory References § 731.201(21), Fla. Stat. General definitions. § 732.5165, Fla....

...effective date of this rule. However, no opinion is offered whether such claims are barred by the provisions of F.S. 733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice of creditors F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence....

...of this rule. However, no opinion is offered whether such claims are barred by the provisions of Florida Statute § 733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence....

...Rule History 2013 Revision: New rule. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla....

...Editorial changes; committee notes revised; citation form changes in committee notes. Statutory References § 731.111, Fla.Stat. Notice to creditors. § 731.201(21), Fla.Stat. General definitions. § 731.301, Fla.Stat. Notice; method and time; proof. § 731.302, Fla.Stat. Waiver and consent by interested person. § 732.5165, Fla.Stat....

...Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.107, Fla.Stat. Adversary proceedings. § 731.201(21), Fla.Stat. General definitions. § 732.5165, Fla.Stat....

...rather than procedural. 1984 Revision: Editorial changes; new requirement to file proof of publication; new requirements as to form of objections to will and qualifications of personal representative. Committee notes revised. Statutory References F.S. 732.5165 Effect of fraud, duress, mistake, and undue influence....

execution is procured by . . . undue influence.” § 732.5165, Fla. Stat. (2021). The burden of establishing

...the presumption arises but may be rebutted by evidence that "the revocation clause was not invalidated by undue influence and that it was not intended by the decedent to be conditional on the validity of the testamentary provisions" of the will. Wehrheim, 905 So. 2d at 1009-10; cf. § 732.5165 (stating any part of a will procured by fraud, duress, 3 See, e.g., In re Gregory's Estate, 70 So....

...Northwestern University would receive the entire residuary of Mrs. Murphy's estate under the express provision of the 1989 will. Ms. Rocke would stand to receive all of the residuary estate by operation of law under the February 1992 will as the only remaining residuary devisee in that will. See § 732.5165 (any part of a will procured by undue influence is void, "but the remainder of the will not so procured shall be valid if it is not invalid for other - 22 - reasons")....

...the disposition of the residuary estate. From our review of the evidence proffered below,6 the February 1992 will's residuary clause, which includes the last, untainted residuary disposition Mrs. Murphy made, controls the disposition of her residuary estate. See § 732.5165....

...General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla....

...Jordan, the disposition of the assets through the Will of February 5, 1982, as republished, is a natural distribution commensurate with Mrs. Lane [sic] long established testamentary plan and is not otherwise a product of undue influence. Florida Statute 732.5165 (1983) establishes that any part of a will procured by undue influence is void, while any part not so procured shall be valid if it is not invalid for other reasons....

...ent by undue influence. Appellant further contends that if the December 13, 1982 document is void, the estate must pass by intestacy since the decedent by her December 7, 1982 will revoked all prior wills. Appellee responds by asserting that part of Section 732.5165, Florida Statutes (1983) which provides: A will is void if the execution is procured by fraud, duress, mistake, or undue influence....

...2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.5165, Fla....

...Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.107, Fla. Stat. Adversary proceedings. § 731.201(21), Fla. Stat. General definitions. § 732.5165, Fla....

...y alleged that the entire will was tainted by Narcy’s actions, and the bequests in favor of 6 the stepdaughter and step-grandsons cannot be severed. We agree that the complaint stated a cause of action. Section 732.5165, Florida Statutes (2013) provides: A will is void if the execution is procured by fraud, duress, mistake, or undue influence....

...be valid if it is not invalid for other reasons. . . . In applying this statute to the present case, the trial court relied on In re Kiggins’ Estate, 67 So. 2d 915 (Fla. 1953). There, our supreme court dealt with a materially identical version of section 732.5165, Florida Statutes. A decedent executed a will leaving the bulk of her property to a Mrs. Peterson and Myrtle Kirch, with Mrs....

...arises but may be rebutted by evidence that "the revocation clause was not invalidated by undue influence and that it was not intended by the decedent to be conditional on the validity of the testamentary provisions" of the will. Wehrheim, 905 So. 2d at 1009-10; cf. § 732.5165 (stating any part of a will procured by fraud, duress, mistake or undue influence is void, "but the remainder of the will not so procured shall be valid if it is not invalid for other reasons"). 3 See, e.g., In re Gregory's Estate, 70 So....

...Northwestern University would receive the entire residuary of Mrs. Murphy's estate under the express provision of the 1989 will. Ms. Rocke would stand to receive all of the residuary estate by operation of law under the February 1992 will as the only remaining residuary devisee in that will. See § 732.5165 (establishing that any part of a will procured by undue influence is void, "but the remainder of the will not so procured shall be valid if it is not invalid for other reasons")....

...- 22 -  From our review of the evidence proffered below,6 the February 1992 will's residuary clause, which includes the last untainted residuary disposition Mrs. Murphy made, controls the disposition of her residuary estate. See § 732.5165....

...3d DCA 2009) (noting that affirmance was warranted where the trial court’s findings of fact were supported by competent substantial evidence and the findings of fact support the trial court’s determination of undue influence). Florida law recognizes that a will procured by undue influence is void. § 732.5165, Fla....

...General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla....