The normal view of undue influence involves an actor threatening an elderly or infirm person into signing a document that he or she otherwise would not sign. One imagines the actor having control over the person and threating to not provide care or maintenance unless the document is executed. The proverbial gun to the head is the first thing that comes to mind. But undue influence, just as often, arises out of seemingly kind individuals. These are the types of actors that ingratiate themselves to the person, inserting themselves between the person and relatives, and convincing the person that the historical beneficiaries of his or her estate do not deserve the person’s bounty due to deceit, fraudulent representations, misstatements, and misrepresentations. Moreover, the actors attempt to separate the individual from his or her family so that the deceit cannot be corrected. Often the person thinks that the actor is a good friend and has warm feelings toward him or her.
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