North Dakota Supreme Court

Durr v. Volden

July 18, 20242024 ND 149

Summary

The North Dakota Supreme Court reversed the district court’s judgment and remanded, holding that the court must apply the statutory presumption of undue influence to transactions between a fiduciary and a beneficiary and shift the burden to the fiduciary to rebut that presumption. The reversal was based on the district court’s error in failing to apply that presumption and the associated burden shift.