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Florida Statutes

Fla. Stat. § 732.5165 (2025)

Effect of fraud, duress, mistake, and undue influence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.5165 Effect of fraud, duress, mistake, and undue influence.—A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.
History.—s. 31, ch. 75-220; s. 6, ch. 2011-183.
Notes of Decisions
Cited in 33 cases (2 in the last 5 years), 1980–2021 · leading case: Sun Bank/Miami, NA v. Hogarth, 536 So. 2d 263 (Fla. 3d DCA 1988).
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Sun Bank/Miami, NA v. Hogarth, 536 So. 2d 263 (Fla. 3d DCA 1988). · cites it 4× “5165, Florida Statutes (1987), provides: "A will is void if the execution is procured by fraud, duress, mistake, or undue influence.”
Rocke v. Am. Rsch. Bureau, 184 So. 3d 1221 (Fla. 2d DCA 2016). · cites it 3× “§ 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”).”
Wehrheim v. Golden Pond Assisted Living, 905 So. 2d 1002 (Fla. 5th DCA 2005). · cites it 2× “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.”
Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). · cites it 2× “§ 732.5165, Fla. Stat. (1985). No similar protections are assured by section 732.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.”
Whalen v. Prosser, 719 So. 2d 2 (Fla. 2d DCA 1998). · cites it 2× “See § 732.5165, Fla. Stat. (1997). Likewise, a revocable trust can be challenged for similar reasons once it has become irrevocable.”
Rbc Ministries v. Tompkins, 974 So. 2d 569 (Fla. 2d DCA 2008). · cites it 2× “§ 732.5165, Fla. Stat. (2005). "Undue influence comprehends overpersuasion, coercion, or force that destroys or hampers the free agency and will power of the testator.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 4× “§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.302, Fla. Stat. Who may be appointed personal representative.”
Agee v. Brown, 73 So. 3d 882 (Fla. 4th DCA 2011). · cites it 2× “, § 732.5165, Fla. Stat. (2009) (“A will is void if the execution is procured by fraud, duress, mistake, or undue influence.”
Fiel v. Hoffman, 169 So. 3d 1274 (Fla. 4th DCA 2015). · cites it 4× “Section 732.5165, Florida Statutes (2013) provides: A will is void if the execution is procured by fraud, duress, mistake, or undue influence.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.”
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