Florida Probate Lawyer - What is Undue Influence?

Undue influence is a legal term for a situation that occurs when a person uses his or her influence over another supposedly weaker individual to force that person into making a decision that he or she would not have made under regular circumstances.

Undue influence is an important legal concept because it comes into play when contracts are made. This legal concept is often cited in cases involving probate law in which a person’s will is contested. For example, if a person exerts undue influence over the testator, or author of a will, to make the testator decide to leave that person a much larger part of his or her estate than the testator would normally, that part of the will could be “set aside” in court.

Undue influence, though, is different that “duress.” When someone is put under duress and is forced to make a certain decision they would not normally make, violence or a threat of violence is usually involved. There is no violence or a threat of violence in cases of undue influence. Instead, the party uses other means to pressure the weaker individual into doing what he or she wants. Methods used could include tricking the weaker party, sexually seducing the weaker party, or making the suggestion that the weaker party must make the decision favorable to the stronger party for some reason.

There are certain groups of people with relationships with weaker individuals that are presumed to have the possibility of producing undue influence. Such relationships can include the ones between a parent and child, a guardian and ward, a doctor and patient, and a priest and worshiper. Spousal relationships are also assumed to involve a strong possibility for undue influence. Another very common example is the relationship between an elderly, frail person and his or her caregiver.

Undue influence is however not only limited to these groups. The law allows for a second subgroup in which a presumption of undue influence may have simply resulted from the formation of a relationship in which someone puts a certain level of trust and confidence in another person. The law also allows for cases where there is no presumption of undue influence. All that has to be demonstrated in this case is that the power relationship between two individuals was very unbalanced at the time a contract was made.

Disclaimer: This article is not intended to be used as legal advice. It is for informational purposes only.
If you feel that you have been the victim of undue influence, talk with The Law Office of Adrian Philip Thomas P.A.[link] to learn what can be done.

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