FAQ > General Legal > What is "undue influence"?
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Undue influence is defined as that influence which, by force, coercion or overpersuasion destroys the free agency of the grantor to act….The majority of Missouri cases hold that in addition to the confidential relationship there must be some evidence from which the trial court can infer undue influence; Davis v. Pitti, 472 S.W.2d 382, 387-388 (Mo. 1971)
A submissible case of undue influence is established by showing: (1) a confidential and fiduciary relationship, (2) benefaction to the fiduciary, and (3) some additional evidence from which undue influence may be inferred. A submissible case can also be made apart from this three-element presumption if based on other facts and circumstances that are sufficient to permit reasonable inferences of undue influence. A benefit is a required element of undue influence. The necessary element of benefaction is some pecuniary benefit to be derived, directly or indirectly by the fiduciary by whose activity the influenced person is influenced. Merten v. Day (In re Estate of Anderson), 921 S.W.2d 35, 38 (Mo. App. WD 1996)
to establish a presumption of fraud and undue influence the challenging party must also prove that the transfer was the result of some active effort on the part of the beneficiary to obtain the gift. See Pasternak v. Mashak, 392 S.W.2d 631 (Mo. App. 1965); In Re Patterson's Estate, 383 S.W.2d 735 (Mo. 1964); Flynn v. Union National Bank of Springfield, 378 S.W.2d 1 (Mo. App. 1964); and Michaelson v. Wolf, 364 Mo. 356, 261 S.W.2d 918 (1953).
A deed procured by the exercise of undue influence is rendered invalid. The test is whether the grantor's free agency and voluntary action were thwarted. Pike v. Pike, 609 S.W.2d 397, 402 (Mo. App. 1980)