What constitutes a confidential relationship that allows a will contestant to shift the burden of proof?

A confidential relationship exists when one party places trust and confidence in another, often leading to a power imbalance. In the context of wills, if a will is drafted by someone who is in a confidential relationship with the testator, it raises the presumption of undue influence. This is because the drafter may have had the opportunity to exert influence over the testator due to their close relationship.

When a contestant can prove that a confidential relationship existed, the burden of proof shifts to the party benefiting from the will to show that the testator's decisions were made free of any undue influence. This is crucial for protecting the testator’s true intentions and ensuring that they are not manipulated by someone who may have taken advantage of their trust.

In contrast, circumstances such as the testator being in good health, a disinterested party drafting the will, or the testator drafting the will without legal assistance do not establish the necessary conditions to identify a confidential relationship. These factors do not inherently indicate a risk of undue influence, which is central to the concept of shifting the burden of proof in will contests.