Writing a will under undue influence

A court will not execute a will made under undue influence. A will is considered to be made under undue influence when the maker’s free will is overcome by a person in a position of power over him or her. In order for a court to invalidate a will on grounds of undue influence, the person exerting power over the will-maker also must benefit under the will. The burden of proving undue influence falls on the person contesting the will. The court will take into account the level of the influencing party’s participation in preparation of the will and the exclusion of certain relatives.