What must be shown to prove undue influence?

• A. A confidential relationship plus suspicious circumstances
• B. The testator's age
• C. The will's length
• D. The testator's formal declaration

Answer: (A)

Undue influence is shown when someone who has a confidential relationship with the testator uses that relationship to exert improper pressure, and there are suspicious circumstances surrounding the will that create a presumption of influence. The confidential relationship demonstrates how influence could be exercised, while the suspicious circumstances point to the testator’s choices being tainted by that influence. By itself, factors like the testator’s age, the will’s length, or a formal declaration don’t prove undue influence. Age may suggest vulnerability, but it doesn’t establish manipulation. A long or short will or how the will was executed doesn’t indicate improper pressure. A helpful example is a caregiver who has close access to the testator and isolates them, then guides them to change the will in the caregiver’s favor; the combination of a confidential relationship and suspicious circumstances supports a finding of undue influence.