In order to prove undue influence, it is necessary to produce evidence to show that the deceased was forced physically or mentally against their own volition to make a Will that they would otherwise not wish to make. As there is unlikely to be direct evidence, undue influence “has to come from more circumstantial evidence”. The burden of proof for establishing undue influence lies with the person asserting it. They must demonstrate undue influence on the balance of probabilities: i.e. was it more likely than not that there was undue influence when the testator made their Will.