You and your parents were both surprised when Grandmother said the doctor told her to come for weekly checkups, because she didn't seem sick. Nevertheless, you dutifully took her to and from her appointments for a period of about six months. She never talked about these sessions, but loved to go. Now she has come to the family and said that she is sorry that she gave the doctor the oil paintings and sold him the farm. On these facts, which of the following is false?
◦ In a court action, if Grandmother claimed the return of her property on the basis of undue influence, the court would presume undue influence and the doctor would have to prove that the property was freely given.
◦ A presumption of undue influence doesn't mean the weaker party will automatically get her property back.
◦ If Grandmother had gone to her own lawyer for independent advice before conveying her property to the doctor, she would have more difficulty arguing undue influence.
◦ If a court held that the property was obtained by undue influence, the contract would be voidable at the option of Grandmother, the weaker person.
◦ It would be easier for Grandmother to argue duress than undue influence.
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