How Maryland Courts Evaluate Evidence of Undue Influence or Lack of Capacity in Will Challenges

Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. If you believe a will was signed under undue influence or by someone who lacked capacity, consult a Maryland probate attorney as soon as possible.

Detailed Answer

When a will is challenged in Maryland on the grounds of undue influence or lack of testamentary capacity, courts examine the totality of circumstances and specific types of evidence showing what the testator (the person who made the will) knew, felt, and experienced at the time the will was created and signed.

Testamentary capacity in Maryland

Maryland law requires that a person be at least 18 years old and “of sound mind” to make a valid will. The statute reads that a person “who is at least 18 years old and of sound mind may make a will.” For the statutory text, see Maryland Code, Estates & Trusts §4-102: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est&section=4-102.

Courts typically assess whether, at the time of signing, the testator: (1) understood the nature of making a will; (2) knew the nature and extent of their property; (3) knew the natural objects of their bounty (close family or probable heirs); and (4) understood how the will would distribute their property. Medical records, testimony from caregivers and physicians, and contemporaneous statements from the testator commonly bear on these points.

Undue influence — what it means and how courts decide

Undue influence is improper pressure or coercion that overcomes the free will of the testator and produces a will that reflects the influencer’s wishes rather than the testator’s. Maryland courts evaluate factors such as:

• Whether the person accused of influencing the testator had opportunity and access;
• Whether that person had motive (financial gain, expected inheritance, control of assets);
• Whether the testator was isolated from family or independent advisors;
• Whether the will represents an unusual or sudden change from prior wills or expected distributions;
• Whether the beneficiary or influencer actively procured the will (selected the lawyer, arranged the signing, or controlled the decedent during the process).

Courts consider whether suspicious circumstances, combined with evidence of influence, produce a reasonable inference that the testator’s free will was overcome. In Maryland, proving undue influence typically requires a high level of proof; courts often describe the showing required as a clear and convincing level of evidence, though specific standards can depend on the facts and the judge.

Types of evidence that matter

Useful categories of evidence in a will contest include:

• Medical and mental-health records from around the date the will was signed: diagnoses (dementia, delirium), medication lists, hospital or clinic notes, neuropsychological testing, and physician testimony about cognitive status.
• Witness testimony from people present when the will was executed (attesting witnesses, family members, caregivers, the attorney who prepared the will). Witnesses can describe whether the testator appeared to understand the document, who else was present, and whether the testator signed voluntarily.
• Contemporaneous communications such as emails, texts, letters, voicemail or recorded statements describing the testator’s intentions or revealing threats or promises from the alleged influencer.
• Previous wills and estate planning documents to show unexpected changes in beneficiaries or distributions.
• Financial records showing sudden transfers, new bank accounts, or payments to the alleged influencer around the time the will was changed.
• Documentation of who arranged the signing — e.g., if a beneficiary selected the attorney, transported the testator, or controlled access to the testator, courts may view that as evidence of active procurement.
• Experts — geriatric psychiatrists, neuropsychologists, or handwriting/document examiners can provide opinions about capacity, mental state, or whether a signature is authentic or altered.
• Photographs or video showing the testator’s condition or the circumstances in which the will was executed.

How courts weigh the evidence

Courts do not rely on a single item; they weigh the entire context. A suspicious beneficiary action combined with strong medical evidence of diminished capacity and contemporaneous statements indicating coercion can together persuade a judge that a will is invalid. Conversely, a presence of independent witnesses, a clear attorney role, and contemporaneous medical evidence of capacity make it harder to show undue influence.

Practical court steps and timing

If a will has been presented for probate, act quickly. Maryland’s probate process and the local probate court rules set timelines for objecting to probate. The Maryland Courts’ guide to wills and probate explains basic procedures and resources: https://www.mdcourts.gov/courthelp/family/wills. Because deadlines and remedies (for example, emergency motions to stop distribution or requests to inspect or preserve evidence) are time-sensitive, contact a Maryland probate attorney immediately if you intend to challenge a will.

Helpful Hints

• Preserve evidence now: save original or scanned copies of the contested will, earlier wills, emails, texts, photos, bank statements, and medical records.
• Get written witness statements quickly while memories are fresh. Ask attesting witnesses what they recall about the signing and the testator’s condition.
• Obtain medical releases and request relevant medical records early; hospitals and clinics may take time to produce records.
• Avoid direct contact with the alleged influencer without counsel — it can complicate later litigation and may risk escalation.
• Ask a physician or neuropsychologist to evaluate the decedent’s cognitive status if contemporaneous records are lacking and an expert opinion may help (subject to admissibility rules for retrospective opinions).
• Look for patterns: sudden transfers of property, new powers of attorney, or rapid changes in living arrangements often support an undue-influence claim.
• Consult a Maryland probate attorney quickly to learn the specific deadlines and local court rules for filing a will contest or protective motions.
• Consider alternatives to litigation such as negotiation or mediation if the parties are willing and preserving evidence shows a disputable but not definitive case.

If you are unsure what evidence exists or how to gather it in a way admissible to a Maryland court, speak to a Maryland attorney experienced in probate litigation. Quick action preserves options and increases the chance of a favorable result.