Undue Influence

Undue influence occurs when one person uses excessive persuasion to manipulate another into making decisions that they wouldn't have made on their own, effectively overriding their free will. This often involves a relationship where the influenced party is vulnerable, and the influencer has some form of authority or control over them.

An elderly woman, who is in poor health and relies on her nephew for daily care, suddenly changes her will to leave her entire estate to him after he pressures her during a visit. The court finds that the nephew's influence over her decisions was undue, resulting in the will being invalidated.

When persuasion crosses the line, it's undue influence time!

Exams often present scenarios where the influencer's actions seem benign or caring, leading students to overlook the potential for undue influence. Students may confuse mere persuasion with undue influence, missing the critical element of overcoming free will.

Questions typically involve a fact pattern where a vulnerable individual changes their estate plan under the influence of a close relative or caregiver, prompting students to analyze the dynamics of their relationship and the circumstances surrounding the decision.