Undue Influence

In one sentence

Improper pressure from someone in a position of trust that undermines a person's free will.

Plain English

Undue influence happens when someone in a trusted position—like a family member, doctor, or financial advisor—manipulates another person into signing a contract. Unlike duress, there's no overt threat; instead, the trusted person exploits their relationship and the other person's vulnerability. A contract signed under undue influence can be voided.

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Example

An elderly woman's son, who manages her finances, persuades her to sign a will leaving him her entire estate while discouraging her from consulting a lawyer. The son visits daily, isolates her from friends, and repeatedly tells her she needs to "take care of him." A court might find undue influence because the son exploited his trusted position and her isolation.

Used in a sentence

“The will was set aside because the attorney found evidence of undue influence by the beneficiary.”

Related terms

Duress

Forcing someone to sign a contract through threats or coercion.

Unconscionability

A contract term so unfair and one-sided that a court will refuse to enforce it.

Capacity

The legal and mental ability to enter into a binding contract.

Mistake of Fact

A misunderstanding about something that actually exists or happened, rather than about the law itself.

Ratification

Accepting and confirming a contract or action, usually one that was previously invalid or unauthorized.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.