(concurring in result).
I join in the court’s opinion with the exception of its determination that the trial court was clearly erroneous in finding no confidential relationship existed between Margie and Stacy.
In reviewing this matter, we must give due regard to the opportunity of the trial court to judge the credibility of the witnesses .... In addition, we must review the facts in the light most favorable to the findings of the trial court and all conflicts in the evidence must be resolved in its favor.
In re Estate of Borsch, 353 N.W.2d 346, 348 (S.D.1984). See also In re Estate of Till, 458 N.W.2d 521, 523 (S.D.1990).
In arriving at its ultimate conclusion of no undue influence, the trial court entered thirty-three pages of findings of facts, much of it single-spaced. Upon the facts relevant to the issue of a confidential relationship, the trial court found:
On the issue of whether there was a confidential relationship between Stacy and Margie, on the surface the evidence certainly would support a finding that Margie had trust and confidence in the integrity and fidelity of Stacy. This was a mother-son relationship that had continued on after Stacy became an adult in that he continued to stay on the ranch and worked on the ranch. There are numerous similar mother-son relationships and there must be more to cause the relationship to rise to the level of a “confidential relationship” required under these circumstances. They did spend a reasonable amount of time together; however, the evidence shows that Margie handled the vast majority of her personal and business affairs. She kept her own checkbook, she wrote all her own checks, paid all of her own bills, han-*895died all of her own banking, negotiated for herself on the potential lease or sale of her farmground, negotiated for herself on the price of the cattle shed she built, decided when she would go to Rapid City to put winter tires on her car in the fall and when to have the oil changed on her car. The cattle were normally sold at the same time, however, Margie decided when she sold her wheat. Margie decided on her own and proceeded to obtain supplemental medical insurance to medicare for herself. She cooked a majority of the meals of herself, bathed herself, took care of her hair, clothed herself and except for vacuuming and scrubbing floors she did her own housework. She took care of sending birthday and Christmas cards and gifts herself. In addition, the evidence shows that Margie rarely sought Stacy’s advice. She discussed her thoughts about leaving the ranch to Stacy with Jim Madsen, Don Madsen, Ellen Madsen and Mary Ann Tropple, but not Stacy. When the time came where she was going to possibly lease her farmground, she called neighbors, Don Madsen, Ross and Serena and Jim Madsen, rather than consult with Stacy about it. Considering the totality of the evidence in this case, the Court concludes there was not a relationship between Margie and Stacy that rises to the level of the required confidential relationship.
This court has generally defined a confidential relationship as arising when a decedent places trust and confidence in the integrity and fidelity of another. In re Estate of Weickum, 317 N.W.2d 142, 145 (S.D.1982). Clearly such concepts as trust and confidence are not bright line determinations but exist in matters of degree based on the facts of each ease. As noted by the majority, in Till, 458 N.W.2d at 524, we held that when determining the issue of a confidential relationship, the trial court can consider such factors as the amount of time the beneficiary spent with the testator,1 whether the beneficiary handled many of the testator’s personal or business affairs and whether the testator ever sought the advice of the beneficiary. However, we went on in Till to state that while these factors are “significant,” they are not exclusive and the ultimate determination should be based on the totality of the evidence of the case as the trial court has done herein.
If a mother leaves property to a son, it will be the unusual case where there is not some degree of a confidential relationship prior to the mother’s death. In rural South Dakota, similar family and business relationships as existed here are hardly unique and are probably common. However, the question more appropriately should be whether this relationship exists to a point that the law attaches to it the legal significance of the doctrine discussed herein.
The purpose of this legal doctrine is clear. It is to demand close judicial scrutiny to insure the transactions that transpired in conjunction with the confidential relationship are fair and aboveboard, Borsch, 353 N.W.2d at 348, where the potential heir is in a position of “dominance” over the testator. Till, 458 N.W.2d at 524. It is not to penalize a loving mother-son relationship.
Herein the trial court found that the facts established a loving mother-son relationship and that relationship was “fair and aboveboard” with no position of “dominance” by Stacy. The facts to support such a finding are not clearly erroneous. Weickum, 317 N.W.2d at 145.
KONENKAMP, J., joins this special writing.. This was a family ranch operation. Margie’s husband, Dale, and son, Glen, were also actively involved in the ranch operation prior to their deaths in 1989. Thus, the relationship between Margie and Stacy as far as any purported “confidential relationship” existed only from 1989 until 1993 when Margie died.