(a)  A provision of any document or instrument, including commercial instruments as defined in title 6A, making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence:

(1)  The person who drafted the instrument;

(2)  A person in a fiduciary relationship with the transferor who transcribed the instrument or caused it to be transcribed;

(3)  A care custodian of a transferor who is a dependent adult, but only if the instrument was executed during the period in which the care custodian provided services to the transferor, or within ninety (90) days before or after that period;

(4)  A person who is related by blood or affinity, within the third degree, to any person described in subsections (a)(1) — (a)(3).

(5)  A cohabitant or employee of any person described in subsections (a)(1) — (a)(3); or

(6)  A partner, shareholder, or employee of a law firm in which a person described in subsections (a)(1) — (a)(2) has an ownership interest.

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Terms Used In Rhode Island General Laws 33-19.1-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Care custodian: means a person who provides health or social services to a dependent adult, except that "care custodian" does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult: (i) At least ninety (90) days before providing those services; (ii) At least six (6) months before the dependent adult's death; and (iii) Before the dependent adult was admitted to hospice care, if the dependent adult was admitted to hospice care. See Rhode Island General Laws 33-19.1-2
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  The presumption created by this section is a presumption affecting the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.

(c)  Notwithstanding the provisions of subsections (a)(1) — (a)(2), and with respect to a donative transfer to the person who drafted the donative instrument, or to a person who is related to, or associated with, the drafter as described in subsections (a)(4) — (a)(6), the presumption created by this section is conclusive.

(d)  If a beneficiary is unsuccessful in rebutting the presumption, the beneficiary shall bear all costs of the proceeding, including reasonable attorney’s fees.

History of Section.
P.L. 2014, ch. 491, § 1.