Which of the following is a true statement regarding Laura's claim that Winona unfairly coerced Samuel into naming her as a beneficiary in the written will and that the written will is ineffective?

A) The written will is ineffective if Samuel wrote it under circumstances by which Winona 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 Samuel admitted that he would never have left all his possessions to Winona if he were not dependent on her for his wellbeing.
C) There is a presumption of undue influence based upon the age difference between Winona and Samuel.
D) Winona is legally entitled to a presumption of no undue influence because she was Samuel's girlfriend at the time the will was written.
E) Winona is legally entitled to a presumption of no undue influence only if she can establish through the testimony of a disinterested witness that Samuel had asked her to marry him.

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Laura VilellaDurieux · Accepted Answer

Final Answer : A, Explanation :  A will can be considered ineffective if it was created under circumstances where the testator (the person making the will) was unduly influenced or coerced, especially if the influencer took advantage of the testator's weak physical or emotional condition to persuade them to make the will in a certain way.

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