Also known as: undue domination · undue control · undue influence
Written by attorneys · grounded in primary & secondary sources — see below
An element of proof consisting of the exercise of excessive power by one party over another that supplants the latter's free will.
Ursula Ureña moved in with her ailing father and took over his medications, finances, and communications. She excluded his son from all meetings and arranged a private signing of a new will that left the entire estate to her. The probate court found the transfer invalid because her domination overcame the father's independent judgment.
Uriel Urban offered his mother's later will for probate. His sister contested it, alleging that Urban had controlled her access to advisors and isolated her from family. The court placed the burden on the contestant to prove lack of capacity or undue influence and required prima facie evidence of due execution from the proponent.
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Ugo Ucelli, the sole owner of Upstream Petroleum, directed all decisions for his long-time employee Ulysses Usher. Ucelli persuaded Usher to sign a release waiving severance rights in exchange for continued employment. The court held the release voidable because Ucelli's domination prevented Usher from exercising independent judgment.
Uma Upadhyay created a trust naming her dominant nephew as sole trustee and beneficiary. The nephew had managed her daily affairs and investments for years. The court declared the trust void because its creation resulted from the nephew's undue domination and control.
Ulysses Usher lived with his caregiver Ursula Ung, who controlled his schedule and communications. She arranged a new will that disinherited his children in her favor. The court invalidated the transfer after finding that her domination overcame Usher's free will.
Uriel Urban convinced his elderly aunt to sign a contract transferring her home to him. He had managed her finances and isolated her from other relatives for months. The court permitted the aunt to avoid the contract because Urban's domination induced her assent.
The contestant must show that the alleged wrongdoer exerted influence that overcame the donor's free will and caused a transfer the donor would not otherwise have made. Isolation and secrecy are among the facts that may support the claim.
The contestant bears the burden of establishing undue influence. The proponent must first establish prima facie due execution, after which the contestant must prove the influence overcame the testator's free will.
A contract is voidable when one party's manifestation of assent is induced by unfair persuasion of a party under the domination of the other or justified in assuming the other will not act contrary to his welfare.
No. A trust is void to the extent its creation was induced by undue influence, which includes domination that overcomes the settlor's free will.
Courts require proof of undue domination and control by the defendant together with a showing that the corporation was used as a sham to perpetrate fraud or injustice before piercing the veil.
Supporting sources
…at 155 (Rutledge, J., joined by Black, Douglas, and Murphy, JJ., concurring in result). The concurrence explained that any “ ‘undue influence’ ” generated by a speaker’s “large expenditures” was outweighed “by the loss for democratic processes resulting from the restrictions upon free and full public discussion.” Id. , at…