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Oklahoma Statutes

Okla. Stat. tit. 15, § 61 (2026)

Undue influence defined

✓ current as of July 2026
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Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him. 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress. R.L.1910, § 906.

Notes of Decisions
Cited in 5 cases, 1976–2017 · leading case: Higgins v. Oklahoma Nat'l Bank & Trust Co. of Chickasha, 863 P.2d 1116 (Okla. 1993).
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Higgins v. Oklahoma Nat'l Bank & Trust Co. of Chickasha, 863 P.2d 1116 (Okla. 1993). · cites it 2× “Conveyances, and gifts of personal property, obtained by undue influence may be set aside under the terms of 15 O.S.1991 § 61 and § 233. 6 Gifts by will obtained through undue influence may also be set aside under the terms of 84 O.”
Foster v. State, 551 P.2d 1119 (Okla. 1976). “…O.S.1971 §§ 51, 53. .Pierce Oil Corp. v. Phoenix Refining Co., 259 U.S. 125 , 42 S.Ct. 440 , 66 L.Ed. 855 (1922). . 15 O.S.1971 § 61.”
Baker v. Massey, 569 P.2d 987 (Okla. 1977). “7 15 O.S.1971 § 61 defines undue influence as “(1) * * * the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the pur *992 pose of obtaining an unfair advantage over him (i.”
RCB Bank v. Carter (In Re Carter), 177 B.R. 951 (N.D. Okla. 1994). · cites it 4× “15, § 59(2); (5) while McKinney did not abuse a position of confidence or authority under Okla.Stat. tit. 15, § 61(1) and neither of the debtors suffered from “weakness of mind” which might be taken advantage of under Okla.”
Tucker v. Mercy Tishomingo Hosp. Corp., 692 F. App'x 525 (10th Cir. 2017). “Additionally, the court found that Gould did not assert undue influence, as defined in Okla. Stat. tit. 15, § 61 . The district court concluded: “Therefore, the Court finds the [settlement] agreement executed by plaintiff and defendant should be enforced.”
— Okla. Stat. tit. 15, § 61(1) — 1 case
RCB Bank v. Carter (In Re Carter), 177 B.R. 951 (N.D. Okla. 1994). “15, § 59(2); (5) while McKinney did not abuse a position of confidence or authority under Okla.Stat. tit. 15, § 61(1) and neither of the debtors suffered from “weakness of mind” which might be taken advantage of under Okla.”
— Okla. Stat. tit. 15, § 61(2) — 1 case
RCB Bank v. Carter (In Re Carter), 177 B.R. 951 (N.D. Okla. 1994). “15, § 59(2); (5) while McKinney did not abuse a position of confidence or authority under Okla.Stat. tit. 15, § 61(1) and neither of the debtors suffered from “weakness of mind” which might be taken advantage of under Okla.”
— Okla. Stat. tit. 15, § 61(3) — 1 case
RCB Bank v. Carter (In Re Carter), 177 B.R. 951 (N.D. Okla. 1994). “15, § 59(2); (5) while McKinney did not abuse a position of confidence or authority under Okla.Stat. tit. 15, § 61(1) and neither of the debtors suffered from “weakness of mind” which might be taken advantage of under Okla.”
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