What it means
A presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established. Except for presumptions made conclusive by the law creating them, every presumption is rebuttable, and nothing in the chapter prevents drawing an ordinary inference.
§§90.301–90.304 apply only in civil actions — which includes will contests and the rest of probate litigation. The famous probate presumptions, undue influence chief among them, all run through this framework.
- A presumption is an assumption of fact the law makes from another fact found or otherwise established.
- Every presumption is rebuttable unless the law it arises from makes it conclusive.
- The chapter never blocks an ordinary, appropriate inference from the evidence.
- §§90.301–90.304 apply only in civil actions — will contests and probate litigation included.
How it plays out
The presumption that dominates our corner of the law is undue influence: a substantial beneficiary who held a confidential relationship and actively procured the will is presumed to have unduly influenced it. The Florida Supreme Court's In re Estate of Carpenter decision once let that presumption vanish on rebuttal; the Legislature answered in §733.107(2), declaring it a presumption shifting the burden of proof under §§90.301–90.304. That classification — which side must persuade the judge — often decides the whole contest.
