In re Estate of MacPhee

Summary

The Florida appellate court held that a presumption of undue influence arose where a beneficiary had a confidential relationship with the testator, actively procured the will, and received a substantial benefit under it. The court concluded that the evidence did not overcome the presumption and reversed the order denying revocation of probate, directing the trial court to revoke the will.

Holdings

1. A presumption of undue influence arises when a beneficiary occupies a confidential relationship with the testator, actively participates in procuring the will, and receives a substantial benefit under it.
2. The evidence did not overcome the strong presumption of undue influence, so the order denying revocation of probate could not stand.

Questions Presented

1. Whether a presumption of undue influence arose where the principal beneficiary occupied a confidential relationship with the testator, actively procured the will, and received a substantial benefit.
2. Whether the evidence was sufficient to overcome the presumption of undue influence and sustain probate of the will.

Disposition

reversed_and_remanded