Draft and submit a two page MEMORANDUM indicating the following:

The “7 factors” that the Supreme Court in In re Estate of Carpenter [253 So. 2d 697, Fla. 1971] discusses that can give rise to “active procurement” of a Will by a “substantial beneficiary” who had a “confidential relationship” with the decedent; and

After you discuss the “7 Carpenter factors” that relate to active procuremen of a Will or Trust, then discuss in the MEMORANDUM the “3 additional factors” that are discussed in the Article “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.”

Then discuss briefly in the MEMORANDUM, the significant change in the Carpenter case [that relates to the “burden of proof” issue in Will or Trust contests based on Undue Influence] that has come about as a result of the Fl. Stat. Sec. 733.107 [2] that was enacted in 2002.

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