Legal Definitions - Undue influence

Undue influence occurs when one person uses their position of power or trust over another to unfairly persuade them into making a decision that is not truly their own free and independent choice. This often happens in relationships where one person is dependent on, or highly trusts, the other, leading to a situation where the weaker party's independent judgment is compromised. If proven, a contract or agreement made under undue influence can be canceled by the victim.

To establish undue influence, it must typically be shown that:

• One party had a vulnerability or weakness that made them susceptible to persuasion.
• The other party was in a special relationship of trust or dominance over the vulnerable party.
• The dominant party used their position to exert improper pressure, leading the vulnerable party to make a decision they otherwise would not have made.

Here are some examples illustrating undue influence:

• Example 1: Elderly Parent and Adult Child

  An elderly widow, Mrs. Henderson, recently experienced a decline in her cognitive abilities and became heavily reliant on her adult son, Mark, for all her daily needs, financial management, and medical appointments. Mark, noticing his mother's increasing frailty and confusion, began to pressure her to sign over the deed to her valuable family home to him, promising he would take care of her for the rest of her life. Mrs. Henderson initially resisted, wanting to leave the home to all her children equally, but after weeks of Mark's constant persuasion and emotional manipulation, she eventually signed the deed. Later, her other children discovered the transfer and questioned its validity.

  How this illustrates undue influence: Mrs. Henderson's cognitive decline and dependency on Mark made her vulnerable. Mark, as her primary caregiver and son, was in a position of trust and dominance. He used this position to improperly influence her decision to transfer the property, overriding her original intent and free will.

• Example 2: Severely Ill Patient and Caregiver

  Mr. Davies, a terminally ill patient, was receiving hospice care at home and was entirely dependent on his live-in nurse, Sarah, for his comfort and daily needs. Feeling isolated and emotionally vulnerable, Mr. Davies began to view Sarah as his closest confidante. Sarah, aware of Mr. Davies's significant wealth and his weakened state, started suggesting that he revise his will to leave a substantial portion of his estate to her, claiming she was the only one truly looking out for him. Despite having a detailed will already in place benefiting his nieces and nephews, Mr. Davies, under Sarah's persistent influence, eventually signed a new will leaving a large sum to her just days before his passing.

  How this illustrates undue influence: Mr. Davies's terminal illness, emotional vulnerability, and complete dependency on Sarah created a situation where he was highly susceptible to her persuasion. Sarah exploited her position of trust and power as his caregiver to influence his testamentary decisions, which likely did not reflect his true, independent wishes.

• Example 3: Young Adult and Charismatic Mentor

  A recent college graduate, Emily, was struggling to find her footing and sought guidance from a charismatic spiritual leader, Dr. Thorne, whom she deeply admired and trusted. Dr. Thorne quickly became Emily's sole source of advice for all major life decisions. After Emily received a significant inheritance, Dr. Thorne convinced her that the only way to achieve true spiritual enlightenment was to donate her entire inheritance to his personal foundation, which he claimed was dedicated to a global humanitarian cause but was, in fact, largely for his personal enrichment. Emily, feeling immense pressure and believing Dr. Thorne's pronouncements, transferred all her funds, despite her family's concerns.

  How this illustrates undue influence: Emily's vulnerability as a young adult seeking direction, combined with her profound admiration and trust in Dr. Thorne, created a power imbalance. Dr. Thorne used his position as a spiritual leader and mentor to exert undue pressure, leading Emily to make a significant financial decision that was not truly a product of her own uncoerced judgment.