Mays v. Porter Provides Guidance on Proving Undue Influence

The Kentucky Court of Appeals recent decision in Mays v.Porter “gave us some guidance on what evidence is sufficient under Kentucky lawto set aside a deed based on undue influence.”  Liddia Porter sought to set aside a deed conveying her home to Terry andBrenda Mays claiming she was coerced into signing the deed through undueinfluence.  The trial court held that thedeed was the result of undue influence, but not by Terry and Brenda Mays.  Liddia’s husband Charles Foster undulyinfluenced her to execute the deed by not permitting her to ask questions whiletheir attorney prepared the deed and by exerting physical force over Liddia to the point where she feared for her safety.  TheKentucky Court of Appeals determined this evidence was sufficient to show Liddiawould not have executed the deed absent the undue influence of her husband.

See Luke Lantta, Evidence of Undue Influence in Kentucky,Bryan Cave Fiduciary Litigation, May 14, 2013.