In re Grant Macfarlane

The recommendation by the Bar Commission is based on our affirming the trial court’s finding of fraud and undue influence in a will contest case of In re Swan’s Estate1 where there is a more detailed statement of the case.

There we held that “[W]here a confidential adviser is made the beneficiary in a will, receives gifts or possible benefits from transactions with the person who relies on his advice and counsel on such matters in the making or execution of which he actively participates, a presumption of fraud and undue influence arises, which shifts the burden of persuading the trier of the…