Full question:
My grandmother deeded property to my mother by a Deed of Gift. Her siblings are contesting the legality of the Deed of Gift. What grounds could they have?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Washington
Answer:
A deed or agreement can be set aside if it was not entered into voluntarily. Grounds for contesting the Deed of Gift may include:
- Undue influence: This occurs when one party uses their influence over another, particularly in confidential relationships, such as between an elderly parent and an adult child. If the siblings can show that your grandmother was dominated by your mother’s influence, they may argue that the deed is voidable.
- Lack of contractual capacity: If your grandmother was mentally incompetent at the time of signing the deed, she may lack the capacity to make a valid contract. This can result from mental illness, substance abuse, or other health issues. If she did not understand that a contract was being made or its nature, the deed could be contested.
In cases of undue influence, the law presumes that it occurred if the dominating party benefits from the agreement unless they can prove otherwise. It’s important to note that mere persuasion is not considered undue influence. Additionally, a person who is mentally incompetent can typically avoid a contract like a minor can.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.