What constitutes "undue influence" in will creation?

The concept of "undue influence" in the context of will creation refers to situations where an individual exerts manipulation or pressure on a testator, ultimately affecting the testator's decisions in a way that undermines their free will and independent judgment. This means that the person suspected of exerting undue influence has taken advantage of a position of trust or authority, coercing the testator into making decisions or establishing provisions in their will that they might not have otherwise made.

To effectively demonstrate undue influence, it generally must be shown that the influencer had some degree of power over the testator, that they sought to achieve a benefit through such influence, and that the will reflects the wishes imposed by the influencer rather than the actual intentions of the testator. This could manifest in forms such as emotional manipulation, threats, or other forms of coercion that compromise the testator's ability to make decisions freely.

In contrast, the natural influence of family members is generally accepted as a normal part of interpersonal relationships and doesn't constitute undue influence unless it crosses the line into coercion. Similarly, guidance from legal advisors is typically considered appropriate and necessary to help individuals navigate the complexities of wills, without involving manipulation. Finally, general persuasion about asset distribution does not equate to