What defines "undue influence" in the context of wills?

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The term "undue influence" refers to a situation where an individual exerts pressure on a testator to change their will or create a will that reflects the influencer's desires rather than the true intentions of the testator. This concept is critical in estate law because it raises concerns about the testator's autonomy and the validity of the will.

When evaluating the presence of undue influence, courts typically look for factors such as the relationship between the testator and the influencer, whether the testator has been isolated from others, and whether the influencer had an opportunity to control the testator's decision-making process. If undue influence is established, it can lead to a will being contested and potentially deemed invalid, meaning that the wishes of the deceased may not be honored.

The correct answer highlights the notion that undue influence involves coercion or pressure, contrasting with situations where a testator makes a change willingly, which does not involve the element of pressure or coercion. Other options, such as a legal term for a contested will or ensuring fair distribution, do not encapsulate the specific essence of undue influence in the context of will-making. Understanding this distinction is essential for recognizing the parameters in which undue influence can negate a testator's true intentions.

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