Also known as: unfairly persuade · unfairly persuaded · undue influence
Written by attorneys · grounded in primary & secondary sources — see below
A form of undue influence consisting of persuasion that seriously impairs the weaker party's free and competent exercise of judgment. The doctrine applies when the stronger party dominates the weaker or the relationship justifies the weaker party's assumption that the stronger will act consistently with the weaker's welfare. A contract or donative transfer procured by such persuasion is voidable by the victim.
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Ulf Ulfsson, weakened by chronic illness and dependent on his live-in caregiver for medication and business decisions, signed a new will leaving his entire estate to the caregiver after she threatened to abandon him unless substantially provided for. The caregiver arranged the signing privately and excluded Ulf's son. The will is invalid because the caregiver's threats and control overcame Ulf's free will.
Ulysses Ulrich's children contested his will after his caregiver arranged a private signing that left the estate to her. The proponent must first establish due execution. Once prima facie proof is made, the contestants bear the burden of showing undue influence through the caregiver's domination and the resulting unnatural disposition.
Una Unger signed a below-market exclusive listing agreement after her son threatened to disclose her medical information unless she cooperated. The broker had no knowledge of the threat and incurred substantial marketing costs. The agreement is voidable by Una because the son's unfair persuasion induced her assent.
Usman Uddin created a trust naming his live-in aide as sole beneficiary after the aide isolated him from family and threatened to withhold care. The trust is void because the aide's domination and persuasion overcame Usman's free will in its creation.
Umeko Uchida, dependent on her nephew for daily care, executed a deed transferring her home to him after he repeatedly urged the transfer and limited her contact with other relatives. The transfer is invalid because the nephew's persuasion overcame Umeko's free will and produced a result she would not otherwise have chosen.
Uriah Urban signed a long-term services contract after his business partner, who controlled their joint finances, pressured him with threats of financial ruin unless he agreed. The contract is voidable by Uriah because the partner's unfair persuasion induced his assent.
The contestant must show that the wrongdoer exerted influence that overcame the donor's free will and caused a transfer the donor would not otherwise have made. Suspicious circumstances such as secrecy, the donor's weakened condition, and an unnatural disposition shift the burden to the proponent to prove the absence of undue influence.
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…of his own personal funds. As the Court of Appeals concluded: "Manifestly, the core problem of avoiding undisclosed and undue influence on candidates from outside interests has lesser application when the monies involved come from the candidate himself or from his immediate family." 171 U. S. App. D. C., at 206, 519 F. 2d,…
…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…
…We also have emphasized that jurisdiction may not be grounded on a contract whose terms have been obtained through "fraud, undue influence, or overweening bargaining power" and whose application would render litigation "so gravely difficult and inconvenient that [a party] will for all practical purposes be deprived of his day…
…with in-person solicitation of clients—at the hospital room or the accident site, or in any other situation that breeds undue influence
…capacity for good judgment, sound reason and a natural protective self-interest. Such a condition is full of the possibility of undue influence
The contract remains voidable unless the third party acted in good faith, had no reason to know of the influence, and either gave value or materially relied on the transaction. Mere knowledge that the influencer urged quick action does not constitute reason to know of improper persuasion.
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Independent advice is one factor courts consider, but it does not automatically defeat the claim if other suspicious circumstances such as secrecy, threats, or the donor's isolation remain. The advice must be truly independent and allow the donor a meaningful opportunity to consult privately.
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A trust is void to the extent its creation was induced by unfair persuasion. The settlor or other interested parties may seek a declaration that the trust never came into existence or that particular provisions are ineffective.
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The will's proponent bears the initial burden of establishing due execution. Once that is satisfied, the contestant must prove lack of capacity or undue influence by a preponderance of the evidence. The ultimate burden of persuasion remains with the party asserting the invalidity.
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