ESTATE OF MADRIGAL v. Madrigal

The Estate of Josefina Madrigal appeals from an order revoking probate of the Last Will and Testament of Josefina Madrigal, based on the trial court’s conclusion that it was procured by the undue influence of the sole beneficiary. We affirm.

A presumption of undue influence arises “if a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring the contested will.” In re Estate of Carpenter, 253 So.2d 697, 701 (Fla.1971). As this Court explained in Diaz v. Ashworth, 963 So.2d 731, 735 (Fla. 3d DCA 2007):

[Wjhere the proponent of a will…