Luke Lantta, of Bryan Cave, notes that a recent case from Connecticut, Tyler v. Tyler, involved a claim to modify a trust based on undue influence. Mr. Lantta notes that few details are provided in the opinion about the requested modification but it is a curious claim. He notes that if undue influence is exerted over the grantor, then isn’t the contested trust or amendment invalid? Why or how should a trust that is the product of undue influence be modified to reflect the true intent of the grantor?
The appellate court reversed a trial court’s entry of summary judgment that had tossed the undue influence claim, finding instead that there were genuine issues of material fact with respect to each element of an undue influence claim under Connecticut law.