What must be proven by clear and convincing evidence to challenge the validity of a will?

A challenge to the validity of a will often relies on the presence of a confidential relationship, especially in cases where undue influence may be a concern. In legal terms, a confidential relationship typically involves a situation where one party places special trust in another, who is in a position of dominance or influence over the first party. Courts require clear and convincing evidence to establish this type of relationship because it sets the foundation for claims of undue influence.

When an individual can demonstrate that a confidential relationship existed between the testator (the person who created the will) and someone else, it raises the possibility that the will may not accurately reflect the testator's true intentions. Given that these situations can involve complex interpersonal dynamics, the requirement for clear and convincing evidence ensures that claims are substantiated by a high level of proof, which helps protect the integrity of the testator's wishes against potentially manipulative actions by those in a position of power.

In contrast, simply asserting that the testator signed willingly, lacking witnesses, or claiming duress does not inherently indicate that the will is invalid without further context. These points on their own may not meet the rigorous standard of clear and convincing evidence necessary to successfully challenge a will's validity.