Attorney Insight: Why This Topic Matters
As an estate planning and litigation attorney in Florida, I’ve seen firsthand how manipulation in the final years of life can fracture families and undermine true intent. While most people associate undue influence with dramatic courtroom stories, the truth is usually more subtle: a caregiver slowly isolates a parent, financial access is quietly shifted, or a long-standing plan is rewritten with suspicious timing.
This article resonated with me because it articulates what those of us in practice already know: proving undue influence isn’t about checking boxes—it’s about demonstrating a pattern of control. Hathaway’s work confirms that courts are recognizing these broader realities and evolving to protect vulnerable individuals more effectively.
If you’re in Stuart, Port St. Lucie, or South Florida, and you’re facing questions about a will or trust that seems “off,” it’s essential to work with an attorney who understands both the legal doctrine and the judicial mindset behind these complex claims.
Beyond Carpenter: How Florida Courts Really Analyze Undue Influence in Wills and Trusts
The Florida Bar Journal, Vol. 83, No. 6 (June 2009)
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust
Undue influence is one of the most difficult but important claims in Florida estate litigation. Most practitioners—and many families—are familiar with the seven Carpenter factors that guide Florida courts in determining whether a will or trust was procured through manipulation. But a closer look at how courts actually rule tells a more nuanced story.
In his detailed analysis published in the Florida Bar Journal, attorney David P. Hathaway highlights an important truth: Florida courts routinely consider more than just the Carpenter factors, sometimes weighing up to 10 or more indicators when deciding whether to invalidate an estate plan.
If you’re navigating an estate dispute in South Florida, understanding how courts actually interpret undue influence is critical to protecting your loved one’s intent and your family’s legacy.
What Is Undue Influence?
Undue influence is the legal term used when someone manipulates or coerces a person into changing their estate plan for the influencer’s benefit. It can apply to wills, trusts, and even gifts made during the person’s lifetime (called inter vivos transfers).
What Are the Carpenter Factors?
In In re Estate of Carpenter, the Florida Supreme Court laid out seven factors that create a rebuttable presumption of undue influence:
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Presence of the beneficiary at the execution of the document
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Presence of the beneficiary on occasions when the testator expressed a desire to make a will
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Recommendation by the beneficiary of the attorney to draft the will
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Knowledge of the will’s contents by the beneficiary prior to execution
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Involvement of the beneficiary in securing witnesses
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Safekeeping of the will by the beneficiary
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Isolation of the testator from other family members or trusted advisors
These factors are still highly relevant—but as Hathaway’s article emphasizes, they are not the entire picture.
Courts Consider More Than Just the Original Seven
Florida courts have evolved. In practice, judges often expand their analysis to include additional evidence of manipulation, especially when:
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The influencer controls access to the testator
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The testator is unusually dependent on the influencer for daily living, finances, or medical care
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The new estate plan drastically departs from prior versions without explanation
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The influencer has a history of deceit, coercion, or manipulation in other contexts
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The estate plan disinherits natural beneficiaries (e.g., children or spouses) in favor of someone unexpected
These supplemental indicators are not part of the formal Carpenter test, but they often weigh heavily in judicial decisions, especially in will and trust contests involving vulnerable or isolated individuals.
Why the Author’s Analysis Stands Out
David P. Hathaway’s analysis goes well beyond a summary of legal doctrine—it delivers a practical, real-world perspective that estate and litigation attorneys can immediately apply. As a seasoned litigator focusing on will contests, complex commercial disputes, and real estate litigation, Hathaway brings a litigator’s clarity to the evolving landscape of undue influence law in Florida.
In this article, he makes a compelling case that courts are no longer confined to the traditional seven Carpenter factors. Instead, they are adapting their approach to reflect modern family dynamics, subtle manipulation tactics, and complex estate planning vehicles.
By spotlighting how courts are actually ruling—not just what the doctrine says—Hathaway gives readers a richer framework for building or defending undue influence claims. It’s a timely and valuable contribution to Florida’s probate litigation landscape, and we appreciate the Real Property, Probate and Trust Law Section, along with editors Sandra F. Diamond, William P. Sklar, and Richard R. Gans, for publishing it.
