URPTDA 8. Capacity of transferor
- • fraud, duress or undue influence
(1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
(2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.
(3) A proceeding must be commenced not later than 18 months after the transferor’s death to:
(a) Contest the capacity of the transferor; or
(b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 §8]
Note: See note under 93.948 (URPTDA 1. Short title).
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