Which of the following is true regarding Monique's claim that Linda unfairly coerced Willy into naming her as a beneficiary in the written will and that the written will is ineffective?
A) The written will is ineffective if Willy wrote it under circumstances by which Linda took advantage of his weak physical or emotional condition to persuade him to write the will leaving her everything.
B) The written will is ineffective only if a witness is available who will testify that Willy admitted that he would never have left all his possessions to Linda if he were not dependent on her for his wellbeing.
C) There is a presumption of undue influence based upon the age difference between Linda and Willy.
D) Linda is legally entitled to a presumption of no undue influence because she was Willy's girlfriend at the time the will was written.
E) Linda is legally entitled to a presumption of no undue influence only if she can establish through the testimony of a disinterested witness that Willy had asked her to marry him.

Question

Quizplus · Accepted Answer

Undue influence occurs when the testator wrote the will under circumstances in which a person he trusted took advantage of his weak physical or emotional condition to persuade him to write the will in a particular way.

Which of the Following Is True Regarding Monique's Claim That