RBC Ministries v. Tompkins

Summary

The Florida Second District Court of Appeal reversed a summary judgment entered in favor of Barbara Tompkins in a will-contest proceeding. The court held that evidence of Tompkins's status as a substantial beneficiary, her confidential relationship with the decedent, and her active role in procuring the will supported a rebuttable presumption of undue influence. Because that presumption could not be resolved on summary judgment, the court remanded for further proceedings while affirming the judgment on the remaining issues.

Holdings

1. When evidence supports a rebuttable presumption concerning a material issue and the moving party bears the burden of disproving the presumed fact, the moving party is precluded from obtaining summary judgment because rebutting the presumption requires weighing the evidence.
2. Tompkins failed to establish beyond dispute that the presumption of undue influence did not arise; therefore, summary judgment in her favor on that claim was improper.

Questions Presented

1. Whether summary judgment was proper on the undue-influence claim when the evidence established that Tompkins was a substantial beneficiary in a confidential relationship with the decedent and evidence supported a presumption of undue influence.
2. Whether a party who bears the burden of disproving a rebuttable presumption of undue influence may obtain summary judgment in its favor.

Disposition

reversed_and_remanded