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What is undue influence in land law?
Last Updated: 31st March, 2020
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Just so, what is undue influence law?
In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will.
Also Know, what are the two key elements of undue influence? (1) Must be a relationship of trust, confidence, or authority between the parties to the contract (2) The stronger party must wrongfully, dominate the party or use unfair persuasion in order to secure an agreement.
Also question is, what is an example of undue influence?
Undue influence is the manipulation of a person who is vulnerable or dependent on someone else. It often shows up in that vulnerable adult's will. Another example is if a family member is left out of a will, especially if they would have expected to be included.
How does undue influence suspected?
Someone who suspects undue influence must bring a will contest in probate court, after the will-maker's death. This can be done whether or not there is a regular probate court proceeding to probate the will and distribute the estate assets.