Does Independent Legal Advice Rebut Undue Influence?
A presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination. To rebut the presumption, the donor…
Joint Bank Accounts and the Presumption of Resulting Trust
Where a parent makes a gratuitous transfer to an adult child by placing funds in a jointly-held bank account, there is no presumption of advancement and in…