Section 13.58 Disqualification for Fraud, Duress, Undue Influence, or Causing the Owner’s Death

• Library: Trusts and Powers 2013 Supp

D. (§13.58) Disqualification for Fraud, Duress, Undue Influence, or Causing the Owner’s Death

Before the 1995 revision of the Nonprobate Transfers Law of Missouri (NTLM), §§ 461.003–461.081, RSMo 2000 and Supp. 2005, §§ 461.051, 461.054, and 461.059, now RSMo 2000, all contained defaults to the owner’s surviving spouse and children in equal parts, providing a simplified intestacy disposition. These defaults have all been eliminated and replaced with provisions that were believed to be closer to those that the owner would have intended.

The underlying principle behind § 461.054 is one that has been established also by caselaw: a wrongdoer shall not profit from their own wrongdoing. Applying the principle to the kinds of situations presented led to a different rule for fraud, duress, and undue influence than for causing the owner’s death.

A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress, or undue influence is declared to be void. The property will become part of the owner’s probate estate unless there is a valid prior beneficiary designation or unless there is an associated beneficiary designation, such as a contingent beneficiary designation, that was not procured by fraud, duress, or undue influence. Section 461.054 does not mention the possibility of finding only part of a beneficiary designation to be void for undue influence, but there seems to be no...