Question

Samuel Finley has two children, a daughter Lee and a son Keaton. Samuel has a lovely beach house in Palm Beach. Sam is terminally ill and has been told by his doctors that he has less than a year to live. Lee knows that Keaton is their father’s favourite child and that he had been named in the latter’s will to inherit the beach house. Lee knew that since their father did not have long to live and that he was 90 years old and starting to become mentally-weak, she could pressure him to transfer the Palm Beach beach house over to her even though Samuel may not totally understand what he was signing over. So, for four months, using pressure and threats, but more often with gentle but devious tactics, Lee succeeds in convincing Samuel to sign a transfer of property transferring the Palm Beach beach house over to her. As his last act, before he dies, Samuel wants to set aside the transfer of the beach house to Lee. Advise him of his legal position. (Maximum 400 words)

Answer 1

Yes, Samuel Finley can do so. He can have the transfer of the beach house to Lee set aside on the grounds of the exercise of undue influence by Lee. A presumption of undue influence usually exists in the case of elderly people who are not mentally alert and agile enough to understand the full and true impact of their deisions about alienation of property or about the inheritance they grant in the wills made by them. As per the American Bar association, "Undue influence occurs when a fiduciary or confidential relationship exists in which one person substitutes his own will for that of the influenced person's will". As a matter of fact, the presumption of undue influence often arises in probate courts where courts decide after considering the available evidence indicating if undue influence did or did not actually took place.The courts generally consider an age of above 65 as the possible or reasonable grounds to suspect the existence of undue influence. This issue of undue influence is growing more and more important in the cases of elderly as the size of elderly population above 65 years in US has grown considerably in the recent years.  

As per the facts of the case, Samuel Finley is 90 years old and has started to become mentally-weak and is terminally ill as his doctors adviced him that he will not survive beyond a year. Hence, Lee who is one of his natural children has a fiduciary and confidential relationship with him, and she is actually and exactly in a position to influence his decision, which she has actually done. Samuel Finley must file a petition to have the transfer of the beach house set aside as soon as possible because he has a better chance to be successful in having his petotion granted while he is alive. His own testimony in the case will be critical and it will play a vital role in proving the existence of an undue influence in the transfer of the beach house. After his death, the presumption of the existence of an undue influence will depend only upon circumstantial evidence adduced by his son Keaton, and as such it will become rather difficult for Keaton to prove his locus standii in the matter.