Legal Definitions - improper influence

Improper influence is a term used to describe the use of power or trust in a way that takes away a person's free will and replaces it with someone else's objectives. This can happen in different situations, such as contracts, transactions, relationships, or wills and estates.

Undue influence is a type of improper influence that involves unfair persuasion of a person who is under the domination of the influencer or who trusts them to act in their best interest. This can happen when someone uses their power or position to manipulate another person into doing something they wouldn't do otherwise.

For example, if a wealthy businessman convinces a struggling artist to sign a contract that gives him all the rights to their artwork, this could be considered undue influence. The artist may feel like they have no other choice but to sign the contract because they need the money, but they are not making a free and informed decision.

In the context of wills and estates, undue influence can happen when someone uses coercion to make a testator (the person making the will) change their wishes or leave their assets to someone they wouldn't have chosen otherwise.

For instance, if a caregiver convinces an elderly person to change their will and leave everything to them instead of their family, this could be considered undue influence. The caregiver may have taken advantage of their position of trust to manipulate the testator into making a decision that benefits them.

Overall, improper influence is a serious issue that can have legal consequences. If someone feels like they have been unduly influenced, they may be able to challenge the contract or will in court and seek compensation or other remedies.