What is the meaning of “undue influence” in relation to wills?

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.

In the context of wills, "undue influence" refers to a situation where the testator, or the person making the will, is coerced or manipulated by another individual to make decisions that might not reflect their true intentions. This manipulation typically occurs when a person exploits their relationship with the testator to gain a benefit, thereby undermining the testator's ability to make free and informed choices about their estate.

This concept is particularly important in estate law, as a will that is found to have been created under undue influence can be declared invalid. The law requires that the testator's decisions about their estate should be made voluntarily and without external pressure or manipulation from others, ensuring that the testamentary intent is genuinely reflective of the testator’s desires.

In contrast, the other options describe scenarios that do not accurately capture the essence of undue influence. For instance, duress relates to threats exerted upon a individual, which is broader than the manipulation described in undue influence. Preventing a testator from writing a will is more about interference than influence. Finally, changing one’s mind at the last minute does not pertain to influence but rather to the natural evolution of a person's intentions.

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