Section 26 Confidential Relationship Plus Influence

• Library: Remedies 2006

A presumption of undue influence arises when (1) it is shown that there was a confidential or fiduciary relationship and (2) there is some additional piece of evidence from which undue influence may be inferred. Robertson v. Estate of Zimmerman, 778 S.W.2d 805, 809 (Mo. App. E.D. 1989); Dixon v. Bradsher, 779 S.W.2d 727, 731 (Mo. App. S.D. 1989). A confidential relationship, by itself, does not create the presumption and does not prove undue influence. Key v. Kilburn, 228 S.W.2d 731, 737 (Mo. 1950). Moreover, no inference arises from the opportunity to influence. Martin v. Norton, 497 S.W.2d 164, 167 (Mo. 1973). Courts require that some evidence be adduced that undue influence was an active factor in the transaction. Salisbury v. Gardner, 515 S.W.2d 881, 886 (Mo. App. W.D. 1974). But once a...