What does "undue influence" mean in the context of wills and trusts?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

In the context of wills and trusts, "undue influence" refers specifically to a situation where an individual uses coercion or manipulation to affect the distribution of assets in a way that does not reflect the true intentions of the person creating the will or trust. This usually occurs when a person, often in a position of trust or power, exerts pressure on the testator to make decisions that benefit themselves or others, rather than allowing the testator's own genuine intentions and desires to guide the asset distribution.

The concept is crucial in estate planning and probate law because if a testator is found to have made decisions under undue influence, the will or trust may be deemed invalid or subject to legal challenges. This principle exists to protect individuals from exploitation and ensures that their final wishes are honored without outside interference. Thus, recognizing and proving instances of undue influence is essential for upholding the integrity of a person's estate plan.

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