Herman v. Kogan

(specially concurring).

I concur in the majority result, but on different grounds: in my opinion the presumption of undue influence never arose. The trial court ruled that the material allegations challenging the will were unfounded and unproved. Those challenges assert that the will was the product of undue influence by the substantial beneficiary.

A presumption of undue influence arises when a substantial beneficiary under a will occupies a confidential relationship with the testator and actively procures the contested will. In re Estate of Carpenter, 253 So.2d 697 (Fla.1971); Allen v. Gore,…