A situation in which the testator was competent and the will reflected his wishes will not be defined as being under undue influence.

Several of Menache’s children filed an objection to the will that bequeathed all of her money to only one of her children, claiming an unfair influence on the deceased due to the heir’s involvement in preparing the will, the language of which the mother did not master, as well as creating complete dependence on the heir, while creating isolation from the family and environment.

The court rejected the objection and ruled that the will reflected the true will of the testator. The law states that the tests for invalidating a will on the grounds of undue influence on the will are independence, dependence, the deceased’s relationships with others, and the circumstances surrounding the making of the will. Here, the deceased was independent at the time the will was written, had extensive family and work relationships, understood the language and content of the will, and except for contacting the lawyer to set a date for the meeting, the heir had no connection or influence over the will. Therefore, the will reflected the true will of the deceased and should be given effect.