What is the effect of undue influence on the validity of a will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

Undue influence refers to a situation where an individual exerts excessive pressure on a testator, compromising their free will and leading them to make decisions they might not otherwise make. When a will is made under undue influence, it raises significant concerns about the testator's true intentions at the time of making the will.

If undue influence is established, it can lead to the will being set aside. This means the courts may annul the will because it does not reflect the genuine wishes of the testator, as their ability to exercise free will was impaired. The law aims to protect individuals from being improperly coerced into making testamentary decisions, ensuring that wills truly reflect the desires of the deceased without manipulation.

The other options are not applicable in this context. The influence does not strengthen the will's validity, nor does it have no impact on it. Additionally, it does not enhance the legitimacy of the testator. Instead, undue influence casts doubt on the authenticity of the will itself, making it crucial to address in estate planning and probate matters.

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