Which of the following is NOT an element of undue influence in relation to wills?

In assessing the concept of undue influence in relation to wills, it is important to understand the typical elements that must be established. The correct answer identifies "testator's previous bequest" as not being an essential element of undue influence.

Undue influence is generally characterized by a relationship where one party exerts pressure on another, compromising the latter's free will and leading them to make decisions that do not reflect their true intentions. The focus here is primarily on the dynamics between the influencer and the testator, rather than simply the testator's previous intentions or actions.

Elements such as a susceptible testator, a disposition to exert influence for an improper purpose, and the actual exertion of influence are all critical in establishing a case for undue influence. A susceptible testator refers to an individual who is vulnerable or easily influenced due to factors such as age, mental state, or emotional dependence. The actual exertion of influence indicates that there has been a tangible application of pressure or coercion.

Previous bequests, while potentially informative for context, do not directly relate to the dynamics of influence at the time of the will's execution. Therefore, while they may show a change in intent, they do not constitute a necessary element in proving undue influence. This