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Simple English definitions for legal terms
confidential relation
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A quick definition of confidential relation:
A confidential relation is a special kind of relationship where one person trusts and relies on another person. This can happen between a lawyer and their client, or between a parent and child. Sometimes, when someone makes a will and there are suspicious circumstances, people might accuse someone who had a confidential relation with the person who made the will of using their trust to influence the will. This is called undue influence.
A more thorough explanation:
A confidential relation is a relationship of trust and reliance between two parties. It can be an actual fiduciary relationship, such as between a lawyer and client, or an informal relationship, such as between a parent and child. The term is often used in cases of undue influence, particularly in wills where suspicious circumstances exist.
- A lawyer and client have a confidential relationship because the client trusts the lawyer to keep their information confidential and act in their best interest.
- A parent and child may have a confidential relationship because the child relies on the parent for guidance and support.
- In a case of undue influence, a beneficiary to a will who had a confidential relationship with the testator may be accused of exerting undue influence in procuring the will.
These examples illustrate how a confidential relationship can arise in different contexts and how it can be used to allege undue influence. In each case, one party trusts and relies on the other, creating a relationship of confidence and vulnerability that can be exploited.