Which doctrine concerns third-party coercion and presumes the beneficiary's involvement?

Which doctrine concerns third-party coercion and presumes the beneficiary's involvement?

• A. Gifts to Children (WILLS)
• B. UNDUE INFLUENCE (WILLS)
• C. OMITTED SPOUSE (WILLS)
• D. TESTAMENTARY CAPACITY (WILLS)

Answer: (B)

Undue influence in wills concerns third-party coercion and the presumption of the beneficiary’s involvement. When someone other than the testator uses improper pressure to induce a will or a change that benefits them, the testator’s true free will may be overridden. If the influencer has a confidential or fiduciary relationship with the testator, or actively participates in executing the will, the law often creates a presumption that undue influence occurred. This shifts the burden to the person promoting the will to show that the testator acted independently and that the bequest reflects the testator’s genuine wishes. The other doctrines address different issues—Gifts to Children deals with gifts to descendants, Omitted Spouse with leaving out a spouse, and Testamentary Capacity with the testator’s mental ability—so they don’t specifically govern third-party coercion or the presumption of the beneficiary’s involvement.

Undue influence in wills concerns third-party coercion and the presumption of the beneficiary’s involvement. When someone other than the testator uses improper pressure to induce a will or a change that benefits them, the testator’s true free will may be overridden. If the influencer has a confidential or fiduciary relationship with the testator, or actively participates in executing the will, the law often creates a presumption that undue influence occurred. This shifts the burden to the person promoting the will to show that the testator acted independently and that the bequest reflects the testator’s genuine wishes. The other doctrines address different issues—Gifts to Children deals with gifts to descendants, Omitted Spouse with leaving out a spouse, and Testamentary Capacity with the testator’s mental ability—so they don’t specifically govern third-party coercion or the presumption of the beneficiary’s involvement.