2015 law nullifies transfer by octogenarian

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 28, 2021 11:49 AM

There were two routes for attacking the validity of a deed that gave Allison Durham a joint tenancy interest in a house and the surrounding 40-acres owned by her octogenarian father-in-law: the traditional procedure of proving Allison owed a fiduciary duty to Charles Durham in what old cases called a “confidential relationship” and the new remedy provided by the Presumptively Void Transfer Act.Enacted in 2015 as an amendment to the Illinois Probate Act, Section 4a-10(a) of the new law says: “In any civil action in which a …

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