What might invalidate a will if a testator is under duress?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

The validity of a will hinges on the testator's free will and intention to create the document at the time of signing. If a testator is under duress, it implies that they are being threatened or coerced, which undermines their ability to make an independent decision regarding their estate. This lack of voluntariness directly compromises the fundamental requirement for a valid will: that the testator must act of their own accord without external pressure or influence.

In this context, while other factors such as clarity in asset documentation, the involvement of legal advisors, or the presence of witnesses can impact the overall validity of a will, they do not inherently address the core issue of voluntariness. If duress is present, the will can be deemed invalid because the testator’s decisions are not genuinely theirs, but rather imposed by another party's coercive actions. Thus, the main concern in the context of duress is ensuring that the signing process reflects the free and conscious choice of the testator.

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