Requirements for a Claim Based on Undue Influence

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  • Oct 25, 2023

Undue influence is a legal term that refers to a situation in which one person uses their power or influence over another person to coerce them into taking an action that is not in their best interests. Such scenarios often arise in contexts involving money, property, or services, but the scope can extend beyond these areas.

Undue Influence

Essential Elements of Undue Influence

To make a successful claim of undue influence, the plaintiff must demonstrate:

  1. Existence of Trust: There must be a relationship of trust and confidence between the two parties. This could manifest as a fiduciary relationship, like that between a doctor and patient, or between personal relationships such as spouses or parent-child.
  2. Misuse of Power: The defendant utilized their power or influence over the plaintiff to force or manipulate them into making a decision detrimental to their interests. This manipulation can range from overt threats to subtle emotional pressures.
  3. Vulnerability: The plaintiff must have been in a vulnerable state, making them more susceptible to such undue influence. Vulnerability can arise from various factors, including age, mental health, or emotional conditions.
  4. Detrimental Outcome: There should be a clear indication that the plaintiff suffered a loss or injury due to the defendant’s undue influence.

Real-Life Instances of Undue Influence

  • An elderly individual being persuaded by a caregiver to modify their will to favor the caregiver.
  • A parent manipulating their offspring into forgoing their inheritance rights for a minuscule sum.
  • High-pressure sales techniques being employed to push a vulnerable individual into a purchase they neither need nor can afford.
  • Professional malpractices like a lawyer pushing a client into a non-beneficial settlement or a doctor recommending an unnecessary medical procedure.

Several court cases shed light on undue influence:

  • Estate of Presley v. R.S. Evans & Associates, Inc. (2001): This case revolved around Elvis Presley’s estate and its accountant. The accountant leveraged his position to persuade the estate into a high-risk investment, leading to significant losses.
  • Bank of America, National Trust and Savings Association v. Conner (2008): This case highlighted a bank’s confidential relationship with its customers. A bank representative here manipulated a client into a loan agreement they could not sustain.
  • In re Estate of Hearst (2017): This case saw a housekeeper influencing a famous publisher into modifying his will in her favor.

Undue Influence in Law: Complications and Principles

While the laws pertaining to undue influence may vary across jurisdictions, certain overarching principles apply:

  • Cause and Effect: It must be evident that the undue influence was the decisive factor leading to the plaintiff’s loss or injury.
  • Oppression and Unfairness: The influence exerted should be unfair, taking advantage of the plaintiff’s vulnerability.

Remedies for Victims of Undue Influence

Victims can avail various remedies:

  • Voiding the transaction: The court can nullify the transaction, rendering it non-existent.
  • Damages: Victims can receive compensation for losses incurred.
  • Injunctive Relief: Courts can issue an order preventing further undue influence.
  • Constructive Trust: Assets gained through undue influence might be held in trust for the victim.


Undue influence is a covert yet significant menace in legal and personal relationships. Recognizing it and understanding one’s rights is crucial for potential victims. Those who believe they are victims of undue influence should promptly seek legal counsel. Such intervention ensures their rights are protected and justice is served.


  • Undue influence does not necessarily involve criminal actions but focuses on coercive behaviors leading to unfair advantages.
  • Oral agreements can also be nullified based on undue influence claims.
  • Act promptly: There are time limits within which claims need to be filed.
  • Always consult with experienced legal professionals when suspecting undue influence.

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