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Undue Influence.

Undue influence can be difficult to prove. That’s because it often occurs over months or years, at times when the influencer and the victim are alone, and there are no witnesses. It’s important to emphasize, it isn’t necessary to show a victim had dementia, or was fraudulently induced to prove undue influence;

"[U]ndue influence is premised upon the victim's will being overborne, which can be accomplished without any false representation. It is stated generally that the elements of undue influence are ‘(1) a susceptible party, (2) another's opportunity to influence the susceptible party, (3) the actual or attempted imposition of improper influence, and (4) a result showing the effect of the improper influence.’"

Cvitanovich-Dubie v. Dubie, 125 Haw 128, 160, 254 P.3d 439, 471 (Haw. 2011) (internal citations omitted).

“In equity a conveyance made or a contract entered into by a person of legal and mental capacity may be declared void if induced by fraud, duress, undue influence, misrepresentation, or, in contracts, of mutual mistake of fact or of mistakes of fact and law.” Love v. Love, 17 Haw. 206, 215, 1905 Haw. LEXIS 8 at 17 (Haw. 1905).

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