Undue Influence

Undue influence is a legal concept describing a situation where one person exerts excessive or improper pressure on another, overcoming that person's free will and causing them to act or refrain from acting in a way that results in unfairness or inequity. This pressure manipulates the victim’s decisions, often in contexts like signing contracts, making or changing wills, or other legal documents.

Key points about undue influence include:

• It involves excessive persuasion or coercion that destroys the free agency of the influenced person, effectively controlling their decisions against their true wishes.
• The person subjected to undue influence is often vulnerable due to mental, physical, or emotional limitations, or because of a relationship of trust or authority with the influencer (e.g., parent-child, doctor-patient, employer-employee).
• Undue influence differs from duress in that it relies on persuasion and manipulation rather than overt threats or force.
• In legal terms, undue influence can invalidate contracts or wills if it is proven that the influenced party did not act voluntarily but under the overpowering control of another.
• There are two types: actual undue influence (direct coercion or threats) and presumed undue influence (arising from certain relationships where influence is presumed to be excessive unless proven otherwise).

In summary, undue influence is about unfairly manipulating someone’s decision-making power, often exploiting trust or vulnerability, which can lead to legal challenges against the validity of agreements or testamentary documents.