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Wills • Capacity
WILLS#010
Legal Definition
Undue influence occurs when a person is induced to act in a way that is contrary to their own free will or without adequate attention to the consequences.
Plain English Explanation
People influence each other all the time, and it isn't necessarily wrong or illegal. For example, when I ask my toddler if they want to take a bath and they act adorable while saying, "No way," they are attempting to influence my actions and avoid a bath. This wouldn't be "undue influence," however.
Undue influence usually happens when you have two parties that have a relationship where one party is inherently in a higher position of power over the other. For example, a relationship between an employer and an employee, or a relationship between a caregiver and the person they are providing care to. The law wants parties to be as fair as possible with one another, so when you see a fact pattern involving someone in a unique position of authority or power or if you see someone in a current state of weakness being taken advantage of by another party, you should examine whether undue influence is present.
Undue influence usually happens when you have two parties that have a relationship where one party is inherently in a higher position of power over the other. For example, a relationship between an employer and an employee, or a relationship between a caregiver and the person they are providing care to. The law wants parties to be as fair as possible with one another, so when you see a fact pattern involving someone in a unique position of authority or power or if you see someone in a current state of weakness being taken advantage of by another party, you should examine whether undue influence is present.
Hypothetical
Hypo #1: Sam is an elderly man. Sam relies heavily on his caregiver, Bob, for daily needs. One day, Sam is persuaded by the Bob to change his will in the Bob's favor, leaving all of Sam's asset's to Bob upon his death. Result: This could be undue influence because the caregiver has power over the elderly man, who might not fully understand the consequences of changing his will. That being said, you'd want to argue both sides on an exam. There are plenty of cases where elderly people are so genuinely thankful for the actions of their caregivers that they provide for them in their wills. That being said, it's easy to see why such an act may be shady due to undue influence given the amount of power a caregiver has over the elderly people they assist.
Visual Aids
Related Concepts
How do you make a prima facie case for undue influence?
In California, can an attorney who drafts a will for their client be a beneficiary?
In California, when is there a statutory presumption of undue influence?
In California, when is there no presumption of undue influence for a donative transfer?
What happens if someone fraudulently prevents someone from creating a will?
What is an insane delusion?
What is fraud in the execution?
What is fraud in the inducement?
What is required for valid testamentary capacity?
What is required to establish fraud?
What relief is available if mistake in the inducement occurs?
When assessing undue influence, what is the presumption test?
When does a mistake in the execution occur and what is the result?
