Legal Definitions - confidential relation

A confidential relation is a relationship of trust and reliance between two parties. It can be an actual fiduciary relationship, such as between a lawyer and client, or an informal relationship, such as between a parent and child. The term is often used in cases of undue influence, particularly in wills where suspicious circumstances exist.

• A lawyer and client have a confidential relationship because the client trusts the lawyer to keep their information confidential and act in their best interest.
• A parent and child may have a confidential relationship because the child relies on the parent for guidance and support.
• In a case of undue influence, a beneficiary to a will who had a confidential relationship with the testator may be accused of exerting undue influence in procuring the will.

These examples illustrate how a confidential relationship can arise in different contexts and how it can be used to allege undue influence. In each case, one party trusts and relies on the other, creating a relationship of confidence and vulnerability that can be exploited.