What must an objectant prove to establish undue influence?

• A. The influencing party's actions were so pervasive that the will is actually that of the influencer, not the decedent, and the influence amounts to moral coercion or impermissible importunity.
• B. The will was not in writing.
• C. The testator lacked testamentary capacity.
• D. The will was executed with improper witnesses.

Answer: (A)

Undue influence is proven by showing the influencer exercised control so pervasive that the will truly reflects the influencer’s wishes rather than the decedent’s, and that the influence amounts to moral coercion or impermissible importunity. In practical terms, you look for signs that the decedent was pressured, manipulated, or coerced to make or change the will to benefit the influencer, overriding the decedent’s own preferences. The requirement is twofold: the influence must be so pervasive as to subordinate the decedent’s autonomy, and it must be coercive or improper in nature, producing a testamentary instrument the decedent would not have made otherwise.

The other issues address different problems: a will not being in writing concerns formal execution rules, lack of testamentary capacity concerns the decedent’s ability to understand and control their affairs, and improper witnesses concern the proper witnessing of the will. None of these, by themselves, establish that the will was the product of coercive influence rather than the decedent’s independent choice.