To rebut a presumption of undue influence, a defendant must prove beyond all reasonable doubt that the claimant entered into the transaction of her own free will and not as a result of the defendant's influence.

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To rebut a presumption of undue influence, the burden of proof on the defendant is to show that the transaction was the result of the claimant's free will, but this does not require proof beyond all reasonable doubt. Instead, the standard is typically on the balance of probabilities, a lower threshold than beyond all reasonable doubt, which is reserved for criminal cases.

To Rebut a Presumption of Undue Influence, a Defendant Must