Section 20.15 Undue Influence

• Library: Estate Administration 2014 Supp

3. (§20.15) Undue Influence

At its essence, undue influence is the over-persuasion or coercion of another such that the perpetrator succeeds in substituting the perpetrator’s will for the free will of another. Estate of Gross v. Gross, 840 S.W.2d 253, 257 (Mo. App. E.D. 1992); Barrett v. Flynn, 728 S.W.2d 288, 292 (Mo. App. E.D. 1987); In re Estate of Newsum, 798 S.W.2d 165, 171 (Mo. App. S.D. 1990). Not all influence is “undue.” The relationship between a parent and a devoted child does not ipso facto prove undue influence even when that child receives a substantially greater share of the parent’s estate. Obermoeller v. Speck, 544 S.W.2d 21, 23 (Mo. App. E.D. 1976).

Inherent in a claim of undue influence are the elements of force, coercion, or over-persuasion of another such that free will is overcome. Steller v. Steller, 401 S.W.2d 473, 477 (Mo. 1966); Moll v. Pollack, 8 S.W.2d 38 (Mo. 1928). Evidence of undue influence is almost always circumstantial. As the court explained in Robertson v. Estate of Zimmerman, 778 S.W.2d 805 (Mo. App. E.D. 1989), “persons exerting undue influence will do so in as subtle, furtive, indirect and elusive a manner as possible and . . . such influence may therefore be shown ‘indirectly by the reasonable and natural inferences drawn from the facts and circumstances proved . . . .’” Id. at 809 (quoting Salisbury v. Gardner, 515 S.W.2d 881, 886 (Mo. App. W.D. 1974)).

No specific formula for establishing undue influence exists in the law. Each claim turns on the specific facts alleged and proven. Gross, 840 S.W.2d at 257. But certain presumptions may arise upon the showing of actions and relationships between the parties. A presumption of undue influence arises when the petitioner shows:

· a confidential and fiduciary relationship between the beneficiary and the testator;

·...