Florida Statute 732.5165
“Effect of fraud, duress, mistake, and undue influence”
What it means
This is the substantive ground for setting a will aside. Under §732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence. The taint can be partial: any part of the will so procured is void, but the rest stands if it's otherwise valid — so a single bequest extracted by a manipulative caretaker can fall while the remainder of the will survives.
Undue influence is the ground we see most — overpowering the testator's own free will. The burden of proving it can shift to the influencer under §733.107 when certain red flags are present.
- A will is void if its execution was procured by fraud, duress, mistake, or undue influence.
- Partial taint: only the procured part is void; the remainder stands if otherwise valid.
- Undue influence — overcoming the testator's free agency — is the most litigated ground.
- Under §733.107, the burden can shift to the influencer given certain warning signs.
How it plays out
Undue-influence cases are the heart of Florida will contests, and this is the statute they're won and lost under. The pattern repeats: an isolated elder, a new 'friend' or late-in-life caretaker, a will that appears and rewrites years of stated intent. Because §732.5165 allows partial invalidation, we often target the specific gift that was procured rather than attacking the whole will. And the §733.107 burden shift — active procurement by someone who benefits and had a confidential relationship — is frequently what turns a suspicion into a winnable case.
Where this shows up
Pages on this site where § 732.5165 does real work:
Questions people ask
