Hack v. Janes

Summary

The Florida Fifth District Court of Appeal affirmed the probate court's admission of Dorothy T. Helling's 1992 will. The court held that, under the 2002 amendment to section 733.107, Florida Statutes, a presumption of undue influence shifts the burden of proof to the alleged wrongdoer, but the proponent need overcome the presumption only by the preponderance or greater weight of the evidence. The court also concluded that competent, substantial evidence supported the findings that Helling had testamentary capacity and was not unduly influenced.

Holdings

1. When the facts giving rise to the presumption of undue influence are established in a will contest, section 733.107(2), Florida Statutes (2002), shifts the burden of proof to the will proponent to prove the nonexistence of undue influence.
2. The 2002 amendment superseded Carpenter and Cripe only insofar as those decisions prohibited shifting the burden of proof after the undue-influence presumption arose; their descriptions of the circumstances giving rise to the presumption remain applicable.
3. The will proponent need overcome the presumption of undue influence only by the preponderance, or greater weight, of the evidence, not by clear and convincing evidence.
4. The probate court's findings that Helling was competent and that Janes did not unduly influence Helling were supported by the evidence, and the order admitting the 1992 will to probate was affirmed.

Questions Presented

1. Whether competent, substantial evidence supported the probate court's findings that Helling possessed testamentary capacity and was not unduly influenced in executing the 1992 will.
2. Whether the 2002 amendment to section 733.107, Florida Statutes, required the presumption of undue influence to shift the burden of proof to the will's proponent after the contestant established the facts giving rise to the presumption.
3. Whether the proponent of a will must overcome the presumption of undue influence by clear and convincing evidence or by a preponderance or greater weight of the evidence.

Disposition

affirmed