What is meant by undue influence?
Asked by: Lucienne Botsford | Last update: March 28, 2025Score: 4.4/5 (57 votes)
Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will.
What is undue influence in simple terms?
Undue influence is excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity (California Welfare & Institutions Code § 15610.70 (a)). Court Case.
What is an example of actual undue influence?
An example of this is Morley v Loughnan (1893) (HC) in which a vulnerable man who had given over £140,000 to the Close Sect of Plymouth Brethren before he died. He was found to have done so because of actual undue influence exerted by a sect leader, Loughnan, who used his position to influence the claimant.
What are the three elements of undue influence?
- A vulnerable testator. ...
- Someone in a position to abuse their authority. ...
- Terms that benefit the person exerting influence.
What is undue influence generally considered to be?
Undue influence is the misuse of one's role and power to exploit the trust, dependence, and fear of another to deceptively gain control over that person's decision in a particular matter.
What Is Undue Influence ? Part 1
What is the standard of proof for undue influence?
While undue influence can be proven in some cases with direct evidence, most undue influence cases rely on circumstantial evidence, which means that the evidence you present should be highly compelling and there should be lots of it.
Which is not an example of undue influence?
For example, married couples have a great amount of influence over one another, and so this influence, while strong, is not considered “undue” under the law.
What are the three 3 things must the victim prove when claiming undue influence?
The presence of things like vulnerability, apparent authority, and actions and tactics being used before or surrounding the Trust signing is sufficient to prove undue influence was present at the time of signing the contested Trust.
How do you determine undue influence?
Judges consider several factors in determining whether a will or trust was procured through undue influence. These include the beneficiary's active role, the confidential relationship, and the timing of the estate planning document in relation to the decedent's death.
Are undue influence cases hard to win?
In California, proving undue influence is a difficult task for attorneys, especially where a particular family member is the apparent authority figure. Courts believe that individuals have sufficient mental capacity to execute their wishes.
How to rebut undue influence?
18 Two means of rebuttal are particularly effective: (1) the use of truly independent drafting counsel; and (2) a reasonable explanation for the changes giving rise to the claim of undue influence.
Is undue influence illegal?
Undue influence itself is not a crime, but it can be used in the commission of a crime.
What is 7 undue influence?
Undue influence exists where one person wrongfully exercises control over another so as to substitute that person's will for the will of the other.
What are the requirements for undue influence?
To prove undue influence, it must be shown that the influenced party had vulnerabilities making them susceptible to persuasion and that the influencer was in a special relationship of trust , dependency, or authority with the victim.
What does undue influence look like?
Undue influence is often the result of an imbalance in a relationship. Common examples include: Stepparent coercing the spouse to increase their inheritance or trust assets, which takes away assets from other heirs, like stepchildren. Adult children threatening their elderly parents to give them more via their Will.
What is the probate code 86?
86. “Undue influence” has the same meaning as defined in Section 15610.70 of the Welfare and Institutions Code. It is the intent of the Legislature that this section supplement the common law meaning of undue influence without superseding or interfering with the operation of that law.
What are the 3 elements of undue influence?
- Vulnerability of the victim. For undue influence to apply, you must prove that the victim was excessively vulnerable. ...
- Influencer's authority. ...
- Overt tactics. ...
- Inequitable results.
What is a simple example for undue influence?
(b) A, a man enfeebled by disease or age, is induced, by Bs influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services, B employs undue influence.
What is an example of undue influence in a family?
That undue influence could take the form of a threat to stop visiting the parent, to restrict the parent from seeing grandchildren, to stop providing care to the parent, including failing to provide essential help like food, water, bathing, etc., all in an effort to manipulate a benefit for the abuse, like money or the ...
How do you prove undue influence?
The actions or tactics used by the influencer
Use of affection, intimidation, or coercion. Changing the victim's personal or property rights, especially when such changes are accompanied by haste, secrecy, inappropriate times and places, and claims of expertise.
What are the four elements required to prove duress?
- The party is in immediate threat of serious bodily harm or death. The threat made to the victim must be constant. ...
- The party believes that the perpetrator of the act will carry out the threat. ...
- There is no opportunity to escape safely, except by committing the unlawful act.
What three things must be shown evidence of intent?
- intent,
- knowledge,
- recklessness, or.
- negligence.
Is undue influence a crime?
Is undue influence considered a crime? It can be, absolutely. The difference between when it is or is not a crime would be whether the undue influence affected the victim immediately or whether it only affected his or her estate plan and the people who would eventually inherit.
What is vindictive damage?
They are also sometimes called “exemplary damages” or “vindictive damages” because they are meant to make an example of the defendant, deter others from engaging in the same conduct, and vindicate society's injury in the harm that was done.
How do you prove signing under duress?
A person can prove that duress existed by examining how the threat caused signing the contract under duress. The concept of signing a contract under duress may hinge on whether a rational person would feel pressure in the situation.