Depending on the jurisdiction and the facts of the case, this is a cause of action that can be used instead of or in conjunction with an undue influence claim.
The Supreme Court in Texas was asked to determine whether the cause of action exists in Texas. The lower Texas’ courts are split on the issue.
Instead of doing that, however, the court declined to do so. It determined that where undue influence exists, a constructive trust is a sufficient remedy for damages.