28-2-407. What constitutes undue influence. Undue influence consists of:

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Terms Used In Montana Code 28-2-407

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(1)the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person;

(2)taking an unfair advantage of another person’s weakness of mind; or

(3)taking a grossly oppressive and unfair advantage of another person’s necessities or distress.