Undue influence occurs when a person misuses a dominant position to coerce or manipulate another person into doing something against their own best interests. In the context of a deed, undue influence could be exerted by a family member, friend, caregiver, or other person in a position of trust who takes advantage of a person's vulnerability, dependency, or weakened state of mind to pressure them into signing a deed.
To prove undue influence, the challenger must demonstrate that:
- The influencer had a dominant position or exerted power over the influenced person.
- The influencer used that position to exploit or take advantage of the vulnerability of the influenced person.
- The influencer pressured or manipulated the influenced person into signing the deed against their own best interests.
- The undue influence directly led to the signing of the deed.
In Mississippi, undue influence is recognized as a valid ground for contesting a deed, and successful challenges based on undue influence have been upheld by the courts. If a deed is found to have been obtained through undue influence, it may be declared invalid or set aside by a court.
