Which of the following may contribute to a finding of undue influence in the creation 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.

In the context of finding undue influence in the creation of a will, a sudden change in the distribution of the testator’s assets is particularly significant. This change can raise suspicions about the circumstances surrounding the making of that will. Undue influence refers to situations where an individual is coerced or manipulated into making decisions that deviate from their true intentions or are contrary to their previous wishes.

A significant alteration in how assets are distributed—especially if the new distribution favors someone who may have had a close relationship with the testator—can suggest that the testator was pressured or influenced against their will. This is especially true if the new distribution aligns with the interests of the beneficiary who may have played a role in persuading the testator.

In contrast, other factors, while they may be relevant in context, do not as directly signal undue influence. A close personal relationship with a beneficiary, for instance, does not inherently indicate undue influence; many beneficiaries have strong relationships with testators without exerting improper pressure. Previous experiences with wills may provide context but do not directly relate to the issue of undue influence. Similarly, public declarations of intentions may not necessarily imply coercion or manipulation and can sometimes be used to clarify a testator’s wishes.

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