This is an appeal from a judgment in an action brought by the administrator of the estate of Olivia M. McWilliams, deceased, (appellant) against Kenneth and Betty French to vacate a contract for deed and to recover various cash transfers allegedly obtained through undue influence. The trial court upheld the validity of the contract for deed and the cash transfers, holding that no confidential relationship existed at the time of the sale and that no undue influence resulted from the confidential relationship that subsequently did develop. We affirm.
A widow in her eighties, Mrs. McWilliams lived in a large, somewhat rundown two-story house in Rapid City. As she had a fourth-grade education and no business experience, her nephew, Charles Bruggeman, had been assisting her in the conduct of her business affairs. There was no dispute, however, that Mrs. McWilliams was mentally competent. Mr. and Mrs. Bruggeman *679visited Mrs. McWilliams frequently and regularly ran errands for her even though they lived in Belle Fourche.
Charles Bruggeman was named as one of several beneficiaries in Mrs. McWilliams’ original will. She gave him a general power of attorney in 1969 and added his name to her checking account and certificates of deposit. One year later she revoked this power of attorney. He continued to assist her with her business affairs, however, and their relationship continued on the same basis as before this revocation. Mrs. McWilliams also executed a new will in 1970 in which she left her entire estate to various branches of medical research.
Mr. and Mrs. French moved to Rapid City in 1971, where they purchased a small neighborhood grocery store. They delivered groceries as part of their service. In 1972 Mr. French delivered an order of groceries to Mrs. McWilliams. As he made her acquaintance he was struck by her resemblance to his grandmother. He commented upon this to Mrs. French and suggested to her that she also make Mrs. McWilliams’ acquaintance. Once the two women met, a friendship quickly developed between them. Soon after their meeting, Mrs. French stopped by to see Mrs. McWilliams and found that she had injured herself in a fall. From that time on Mrs. French called on Mrs. McWilliams daily and started to help her with household work and other chores. About a month after meeting, Mrs. French told Mrs. McWilliams that she need never be lonely again because they, the Frenches, would take care of her for the rest of her life.
During the latter part of 1972 or early in 1973, the Frenches suggested to Mrs. McWilliams that she move to a dwelling that was less dilapidated. They testified that Mrs. McWilliams countered with the suggestion that they buy her home and fix an apartment in it for her. Within a few months, and after the Frenches had the property appraised (at $35,000), it was agreed that Mrs. McWilliams would sell her property, consisting of two lots, the home, a separate dwelling called the annex, and the personal property and fixtures in the home and the annex, to the Frenches for $40,000. There was to be no downpayment, and the purchase price was to be paid, with interest at the rate of one percent per year, in monthly payments over a period of twenty years ($184 per month) beginning two years after the date of sale. Mrs. McWilliams was to continue to occupy an apartment in the house, rent free, for two years.
Either Mrs. French or Mrs. McWilliams asked Mr. Eugene Christol, Mrs. McWil-liams’ attorney, to go to the McWilliams home to discuss the impending transaction. Both the Frenches and Mrs. McWilliams participated in this conversation and related the terms of the sale already agreed to. Mr. Christol attempted to dissuade Mrs. McWilliams from selling her property under terms so inadequate to provide for her support and expenses for the rest of her life. He explained to her that one of the shortcomings of the proposed transaction was that the interest rate was not proper. In addition, he reminded her that other parties had expressed interest in buying her property at a far higher price. Mr. Christol testified that this advice made no impression on Mrs. McWilliams and that it appeared to him that her mind was set to transact the sale under those terms in spite of his advice and warnings. He testified that he asked Mr. Bruggeman to also try to persuade Mrs. McWilliams to change the terms of the transaction. Mr. Bruggeman testified that he reminded his aunt of a previous offer for her property of $90,000. (Neither Mr. Christol nor Mr. Bruggeman, however, was able to document any offers at trial.) Mr. Bruggeman was also unable to convince Mrs. McWilliams to take a second look at the terms and was informed by Mrs. McWilliams that she no longer needed him to take care of her business because the Frenches would do that for her. Eventually, Mr. Christol prepared a contract for deed according to the terms specified by Mrs. McWilliams and the Frenches. Very shortly thereafter Mrs. McWilliams removed Mr. Bruggeman’s name from all her bank, savings and loan accounts, and certificates of deposit, and opened a joint *680account with the Frenches. Mr. Brugge-man continued to visit his aunt but no longer counseled her on her business affairs.
Mr. French testified that although Mrs. McWilliams did not want any interest, she thought that such an interest-free arrangement would not be legal. He further testified that Mrs. McWilliams suggested one percent interest because she was aware of one percent government loans available after the 1972 Rapid City flood and therefore thought that one percent would be legal. The Frenches’ testimony reveals that they were aware that the going interest rate in Rapid City at the time of the sale ranged from six to eight percent. Neither Mr. nor Mrs. French informed Mrs. McWilliams of this fact.
The trial court found that a confidential relationship existed between Mrs. McWilliams and the Frenches only following the sale of her residence to the Frenches. Appellant contends that this finding was clearly erroneous. We agree.
“A confidential relationship ‘exists whenever trust and confidence is reposed by the testator in the integrity and fidelity of another.’” Matter of Heer’s Estate, 316 N.W.2d 806, 810 (S.D.1982) (quoting In re Estate of Hobelsberger, 85 S.D. 282, 291, 181 N.W.2d 455, 460 (1970)). “[A] [cjonfi-dential relationship is not restricted to any particular association of persons. It exists whenever there is trust and confidence, regardless of its origin.” Hyde v. Hyde, 78 S.D. 176, 186, 99 N.W.2d 788, 793 (1959). “Such a confidential relation exists between two persons when one has gained the confidence of the other and purports to act or advise with the other’s interest in mind.” Schwartzle v. Dale, 74 S.D. 467, 471, 54 N.W.2d 361, 363 (1952).
In the light of the contacts Mr. and Mrs. French had with Mrs. McWilliams and of the fact that the promise to take care of Mrs. McWilliams was made prior to the sale of her home, we conclude that a confidential relationship existed between Mrs. McWilliams and the Frenches at the time of the sale of the property.
The existence of a confidential relation requires the dominant party “to exercise the utmost good faith and to refrain from obtaining any advantage at the expense of the confiding party.” Hyde v. Hyde, supra, 78 S.D. at 186, 99 N.W.2d at 793. In Davies v. Toms, 75 S.D. 273, 281, 63 N.W.2d 406, 410 (1954), an action to set aside a deed, this court stated:
While . . . the “burden of proof” never shifts from the one who undertakes to set aside a deed on the ground of undue influence, there is a burden that does transfer over to the other side when evidence offered shows a relationship of trust and confidence. . . . The latter type burden this court has called the “burden of going forward with the evidence.” . . . [T]he burden then rested on appellants to show that they took no unfair advantage of their dominant position. . . .
The Frenches were therefore under a duty to go forward with the evidence and show that the transaction was free from undue influence. Hyde v. Hyde, supra. See also Niles v. Lee, 31 S.D. 234, 140 N.W. 259 (1913). During cross-examination as well as during the presentation of their witnesses, the Frenches, in fact, went forward with evidence as required by our decisions. Thus we are satisfied that the failure of the trial court to make the proper finding on the issue of the existence of a confidential relationship does not require reversal of the judgment.
The indicia of undue influence are: person susceptible to undue influence, opportunity to exert undue influence and effect wrongful purpose, disposition to do so for improper purpose, and result clearly showing effect of undue influence. Matter of Estate of Landeen, 264 N.W.2d 521 (S.D.1978); In re Rowlands’ Estate, 70 S.D. 419, 18 N.W.2d 290 (1945). The trial court concluded that “at all times [Mrs. McWilliams] enjoyed good health, was able to care for herself, was mentally alert and competent to the time of her death, was a strong-willed person and independent in her think*681ing, and was not weak willed or easily influenced.” The record supports this finding, Even appellant in his brief describes Mrs. McWilliams as a “strong willed and stubborn old lady, [who] was not about to take advice.”
We cannot say that the contract for deed clearly shows the effect of undue influence. The Frenches called as a witness the realtor who had appraised the property at $35,000. While the interest and down-payment terms were certainly favorable to the Frenches, Mrs. McWilliams received the favorable term of being able to live rent free in an apartment for two years. Although the promise to take care of Mrs. McWilliams for the rest of her life was not incorporated into the contract for deed, Mrs. McWilliams did, in fact, live with Mr. and Mrs. French rent free for one and a half years. Also, when Mrs. McWilliams was later placed in a nursing home, Mrs. French signed an agreement which made her the responsible party in the event of problems with payment.
This court has recognized the presence of independent legal advice as an important factor to be considered in determining whether undue influence exists. Davies v. Toms, supra; In re Daly’s Estate, 59 S.D. 403, 240 N.W. 342 (1932). Appellant attempts to undermine the importance of the advice of Mrs. McWilliams’ attorney, Mr. Christol, because his advice was neither accepted nor acted upon. Appellant characterizes Mr. Christol’s role as one of a draftsman who simply reduced to writing what was already agreed upon. We cannot agree with this characterization. Mr. Christol had been the attorney for Mrs. McWilliams since 1965. He had also given legal advice to her deceased husband and sister. His advice to Mrs. McWilliams was anything other than perfunctory. Cf. Black v. Gardner, 320 N.W.2d 153 (S.D.1982). When Mr. and Mrs. French and Mrs. McWilliams informed Mr. Christol of the terms of their proposed contract, Mr. Christol explained to Mrs. McWilliams why he thought the contract would be a poor business agreement for her. He delayed in writing the contract and called Mr. Bruggeman to inform him of his opinion of the proposed contract. Merely because Mrs. McWilliams chose not to follow Mr. Christol’s advice does not destroy the importance of her having received that advice.
The trial court found that the Frenches had neither taken unfair advantage of Mrs. McWilliams nor exerted undue influence upon her in any of their dealings. Given the trial court’s opportunity to judge the credibility of the Frenches on the basis of their courtroom demeanor and testimony, we cannot say that this finding is clearly erroneous. SDCL 15-6-52(a); In re Estate of Hobelsberger, supra.
Appellant contends that he is entitled to judgment against the Frenches for all money received from Mrs. McWilliams after the contract for deed transaction. Our review of the record satisfies us that the trial court’s treatment of this aspect of appellant’s case also finds support in the evidence and thus should not be set aside.
The judgment is affirmed.
FOSHEIM, C.J., and DUNN, and MORGAN, JJ., concur. HENDERSON, J., dissents.