In re: Estate of Oldman Johnson

Summary

Proposed Florida jury instructions addressing undue influence and tortious interference with an expectancy. The instructions detail a burden-shifting framework: if the plaintiff proves the defendant actively procured the will or trust (e.g., presence at execution, involvement in drafting, secrecy), a presumption of undue influence arises that the defendant must rebut by the greater weight of the evidence. For tortious interference, the plaintiff must establish the decedent’s fixed testamentary intent, intentional interference through undue influence, causation, and damages.

Holdings

1. If Plaintiffs prove by the greater weight of the evidence that Defendant actively procured the contested document, the law presumes undue influence and the burden shifts to Defendant to rebut the presumption by proving by the greater weight of the evidence that the document was executed freely, voluntarily, and without undue influence. Once rebutted, the burden returns to Plaintiffs to prove their claims by the greater weight of the evidence.
2. Non-exhaustive factors for active procurement under Florida law include: presence of beneficiary at execution or when testator expressed desire to make will; beneficiary's recommendation of attorney; beneficiary's knowledge of contents or giving instructions; securing witnesses; safekeeping of will; isolating testator and disparaging family members; mental inequality; and reasonableness of the challenged provisions.
3. To prevail on a claim for tortious interference with an expectancy, Plaintiff must prove: (1) existence of an expectancy; (2) intentional interference through undue influence; (3) causation; and (4) damages. Plaintiff must show with reasonable certainty that the decedent had a formed, fixed intention to make a bequest or gift that would have been in effect at death but for the intentional interference.

Questions Presented

1. Whether the Defendant actively procured the challenged trust amendment through undue influence, shifting the burden of proof.
2. What factors the jury should consider in evaluating claims of undue influence.
3. What elements constitute tortious interference with an expectancy under Florida law.

Disposition

other