Which element defines undue influence?

• A. The donor freely wills
• B. The wrongdoer overcomes the donor's free will
• C. The will expresses the wrongdoer's intent
• D. The will is not in writing

Answer: (B)

Undue influence is present when someone with power over the testator manipulates them to such an extent that the testator’s own free will is overpowered and the document reflects the influencer’s wishes rather than the testator’s true desires. That’s why the defining element is the wrongdoer overcoming the donor’s free will. If the donor truly freely wills, there’s no undue influence. If the will merely shows the influencer’s intent, that can be a consequence, but it isn’t the defining feature—overriding free will is. And whether the will is in writing deals with formal validity, not the presence of undue influence.