Also known as: undue influences
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine rendering a donative transfer or contract void or voidable when one party exerts unfair persuasion over another who is under the dominant party's control or who justifiably relies on the dominant party to act consistently with the victim's welfare. The persuasion must overcome the victim's free will and cause a transfer or agreement the victim would not otherwise have made.
Ulysses Usher, weakened by illness and dependent on his live-in aide for all care, signed a new will leaving his estate to the aide after she threatened to leave unless substantially provided for. The aide arranged the meeting, excluded family, and stayed present during execution. The will is invalid to the extent procured by undue influence.
After Ulric Unger's death, his children petitioned to probate an earlier will while a later will favoring his caregiver was offered. The children, as contestants, must establish undue influence by showing the caregiver overcame the testator's free will. Proponents of the later will first prove due execution.
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Umar Usmani, an elderly client reliant on his financial advisor for all decisions, signed an investment agreement transferring substantial assets after the advisor repeatedly urged the deal and isolated him from other counsel. The agreement is voidable by Usmani because the advisor's unfair persuasion overcame his independent judgment.
Unity Underhill executed a revocable trust naming her nephew as sole beneficiary after he threatened to withhold care during her final illness. The trust is void to the extent its creation was induced by undue influence that overcame her free will.
Ugo Uberti, isolated and dependent on his companion, transferred valuable real estate to her after she persuaded him daily that his children had abandoned him. The transfer is invalid because the companion exerted influence that overcame Uberti's free will and caused a gift he would not otherwise have made.
Uri Underwood, under his business partner's domination and reliant on the partner's advice, signed a partnership dissolution agreement after repeated pressure that the partner framed as protective. The agreement is voidable by Underwood because the other party's undue influence induced his assent.
The contestant must show that the wrongdoer exerted influence overcoming the donor's free will and causing a transfer the donor would not otherwise have made. Suspicious circumstances such as a confidential relationship, weakened condition, secrecy, and an unnatural disposition can shift the burden to the proponent.
Supporting sources
Undue influence involves unfair persuasion within a relationship of dominance or justified reliance, while duress requires a wrongful threat or act that coerces assent. Both render the contract voidable by the victim, but undue influence focuses on relational pressure rather than explicit threats.
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A trust is void to the extent its creation was induced by undue influence that overcame the settlor's free will. The same standard applies as in will contests: the influencer must have substituted the settlor's intent with the influencer's own.
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The contestant bears the burden of establishing undue influence. The proponent first establishes due execution. Once that is shown, the contestant must prove the influence overcame the testator's free will.
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…to “commit suicide.” I also agree that the State has a compelling interest in protecting vulnerable individuals from the risk of undue influence and abuse that could occur if assisted suicide were permitted. The parties and the lower courts have focused on the rights of competent, terminally ill adults. I would not foreclose the…