Florida Statute 732.5165
“Effect of fraud, duress, mistake, and undue influence”
What it means
A will is void if its execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder not so procured is valid if it is not invalid for other reasons. (§ 732.5165)
The section also covers revocation: if the revocation of a will, or any part of it, is procured by fraud, duress, mistake, or undue influence, the revocation is void. (§ 732.5165)
The section does not define these grounds or set the burden of proof. In a will contest, the proponent first establishes formal execution, and the contestant then has the burden of establishing the grounds of opposition (§ 733.107(1)). Where a presumption of undue influence applies, it is a presumption that shifts the burden of proof (§ 733.107(2)).
- A will is void if its execution is procured by fraud, duress, mistake, or undue influence (§ 732.5165).
- Only the part so procured is void; the rest is valid if not invalid for other reasons (§ 732.5165).
- A revocation procured the same way is void (§ 732.5165).
- In a contest, the contestant bears the burden of establishing the grounds after the proponent shows prima facie execution (§ 733.107(1)).
- Where a presumption of undue influence applies, it shifts the burden of proof (§ 733.107(2)).
Text of the statute (2026)
A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.5165.
History. s. 31, ch. 75-220; s. 6, ch. 2011-183.
How it applies
This section applies when a will, or a revocation of a will, is challenged as the product of fraud, duress, mistake, or undue influence. Because partial invalidity is allowed, a challenge can be directed at a single provision rather than the whole instrument. Section 733.107(2) addresses the effect of the presumption of undue influence where it applies and does not itself list the circumstances in which it applies. The statute sets no standard of proof for any of the four grounds.
Where this shows up
Pages on this site where § 732.5165 does real work:
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Will contest in Florida: grounds, deadlines and the 3-month objection period
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Out-of-state wills in Florida: validity, moving to Florida and probate steps
- Brooke Astor
- Charles Manson
- Cornelius Vanderbilt
- Father Divine
- Gail Posner
- Georgia O'Keeffe
Questions people ask
Sources
- Fla. Stat. § 732.5165 (2026), Online Sunshine / Florida Senate (A will is void if the execution is procured by fraud, duress, mistake, or undue influence.)
- Fla. Stat. § 733.107 (2026), Online Sunshine / Florida Senate (Burden of proof and presumption: is therefore a presumption shifting the burden of proof under ss. 90.301-90.304)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.