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 prima facie showing is made, that showing is not undone by countervailing evidence. In re Estate of Newsum, 798 S.W.2d 165, 171 (Mo. App. S.D. 1990).

Similar to the overlying ground of undue influence, there is no fixed or precise definition of confidential relationship. It does not need to rise to the same level of fiduciary responsibility as that of an attorney or trustee. A confidential relationship has been found to exist when there is “reliance which involves some fiduciary obligation on the part of the person so trusted . . . .” Martin, 497 S.W.2d at 168. There must be more than a close, personal friendship. Lesh v. Lesh, 718 S.W.2d 529, 533 (Mo. App. E.D. 1986). There must be an element of trust. Walton v. Van Camp, 283 S.W.2d 493, 501 (Mo. 1955). And the trust and confidence must relate to the person’s finances or business affairs. Davis v. Pitti, 472 S.W.2d 382, 387 (Mo. 1971); see also Salisbury, 515 S.W.2d at 884; Hackett v. St. Joseph Light & Power Co., 761 S.W.2d 206, 210 (Mo. App. W.D. 1988). To prove the trust aspect of the relationship, some courts have required actions that rise to the level of an agency relationship. In Walton, 283 S.W.2d 493, a daughter took charge of her...