A new will that substitutes the alleged wrongdoer for a prior devisee may tend to show what?

• A. Duress
• B. Lack of testamentary capacity
• C. Undue influence
• D. Validity

Answer: (C)

Undue influence is the concept at play. When a new will replaces a prior devisee with the person who is alleged to have manipulated the testator, it suggests that the testator’s free will was overridden by someone in a position to control or pressure them. This kind of drastic change to benefit the influencer is strong circumstantial evidence that the testator was unduly persuaded to alter their wishes. It’s different from duress, which involves threats; from lack of testamentary capacity, which concerns the testator’s mental ability at signing; and from a general claim of invalidity—the specific shift to the influencer’s benefit points to undue influence as the reason the will changed.