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ESTATE OF MADRIGAL v. MADRIGAL

No. 3D08-2838.

22 So.3d 828 (2009)

ESTATE OF Josefina MADRIGAL, Appellant, v. Romulado MADRIGAL, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 2009.

Attorney(s) appearing for the Case

Adrian Philip Thomas, P.A., and Adrian P. Thomas and Jeffrey S. Bunin, Fort Lauderdale, for appellant.

Kathleen M. Weber Raskin, Miami, for appellee.

Before RAMIREZ, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.

ROTHENBERG, J.

The Estate of Josefina Madrigal appeals from an order revoking probate of the Last Will and Testament of Josefina Madrigal, based on the trial court's conclusion that it was procured by the undue influence of the sole beneficiary. We affirm.

A presumption of undue influence arises "if a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring...

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