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Relevant Massachusetts law (where to look)

Massachusetts governs wills and probate under the Massachusetts Probate Code. Two statutory provisions to review are:

• M.G.L. c. 190B (Mass. Probate Code) — general probate rules and will execution requirements.
• M.G.L. c. 190B §2-501 — rules about who may make a will (testamentary capacity).
• M.G.L. c. 190B §2-502 — formal execution and witnessing requirements for wills.

What courts look for: two separate issues

Courts treat testamentary capacity and undue influence as distinct issues:

• Testamentary capacity — whether the person signing the will understood enough at the time of signing to make a valid will.
• Undue influence — whether someone improperly pressured, coerced, or manipulated the testator so that the will expresses the influencer’s wishes rather than the testator’s.

Testamentary capacity — what must be proven and useful evidence

To have testamentary capacity in Massachusetts, a person must generally know: (1) the nature and extent of their property; (2) the persons who are the natural objects of their bounty (close family and other reasonable heirs); and (3) the nature of the testamentary act. Practical proof is focused on the testator’s mental state at the time the will was signed.

Types of evidence that help show lack of capacity:

• Medical records from the time of execution showing dementia, delirium, serious cognitive impairment, severe psychiatric illness, or medication effects. Obtain hospital, clinic, nursing home, and primary-care records and progress notes.
• Physicians’ or treating clinicians’ opinions and deposition/testimony describing cognitive testing, diagnoses, or capacity assessments around the signing date.
• Pharmacy records showing sedating or cognition-impairing medications (dosages/timing).
• Contemporaneous statements by the testator indicating confusion, forgetfulness, or inability to understand what they were doing (recorded conversations, letters, notes, voicemails).
• Witness testimony from the people present when the will was explained and signed (attorneys, friends, caregivers, witnesses) about the testator’s lucidity and understanding that day.
• Video or audio recordings showing the testator’s mental state at or near the time of execution.
• Comparison with earlier wills: a sudden, unexplained change from prior wills combined with evidence of cognitive decline can support a lack-of-capacity claim.
• Expert testimony (neurologists, psychiatrists, neuropsychologists) addressing capacity at the relevant time.

Undue influence — what courts consider and useful evidence

Undue influence is not merely persuasion or pressure; it is conduct that overcomes the testator’s free will so the resulting will reflects the influencer’s intent rather than the testator’s. Courts evaluate the totality of the circumstances, including whether the influencer had power to control the testator, whether the testator was vulnerable, and whether the result was a suspicious or unnatural disposition.

Common types of evidence used to prove undue influence:

• Proof of opportunity and access: frequent isolation of the testator with the beneficiary or influencer, control of the testator’s daily life, and exclusive access around the time the will was prepared.
• Evidence of domination or manipulation: caregiver or beneficiary making decisions for the testator without independent input; restricting visitors; controlling finances or correspondence.
• Unusual or suspicious gift patterns: a beneficiary who receives an unexpectedly large share, especially if the share departs sharply from prior wills or the testator’s known intentions.
• Absence of independent legal or financial advice: a will prepared at the influencer’s urging without separate counsel for the testator or with the influencer present through the signing process.
• Communications that show coercion or instruction: emails, texts, letters, or recorded phone calls revealing threats, pressure, or detailed directions about the will’s terms.
• Witness testimony describing who suggested the will’s terms, who arranged the signing, who signed as witnesses, and whether the testator appeared free and willing.
• Financial transactions around the same time (e.g., transfers from the testator to the beneficiary) that suggest a pattern of exploitation.
• Behavioral expert or forensic testimony about techniques of undue influence, especially when combined with evidence of the testator’s vulnerability.

How courts weigh the evidence

Massachusetts probate courts assess testimony, documents, medical records, expert opinions, and the overall pattern of conduct. The challenger bears the burden of proof to show a will is invalid; in practice courts often require persuasive proof (commonly referred to as clear and convincing evidence) when alleging undue influence or lack of capacity. The court considers all circumstances together rather than any one item in isolation.

Practical steps to preserve and gather evidence

• Secure the original will and any drafts. If the original is with the probate court, obtain certified copies quickly.
• Collect medical and pharmacy records from the period before and after the signing. Get HIPAA authorizations signed by a personal representative or by the testator if possible.
• Identify and record contact information for all witnesses, caregivers, attorneys, and family members present around the signing.
• Preserve communications (texts, emails, letters, social-media messages, voicemail) that refer to the will or the testator’s condition.
• Obtain bank and transaction records showing transfers, gifts, or payments to the suspected influencer close to the time of the will change.
• Get sworn statements/affidavits from witnesses while memories are fresh; collect photographs or video evidence that may show the testator’s condition or the signing event.
• Consult an attorney experienced in Massachusetts probate litigation promptly — early counsel can help preserve evidence and advise about deadlines and responses.

Helpful hints

• Act quickly. Memories fade and records can be lost. Early preservation improves your ability to prove facts.
• Medical records are often the strongest objective evidence of cognitive impairment. Get them as soon as possible.
• Collect contemporaneous evidence (emails, texts, recorded conversations) that show what the testator understood or how others behaved toward them.
• Look for patterns: repeated isolation, financial control, and sudden will changes together make a stronger case than any single fact.
• Get witness affidavits even if they are not initially willing to testify in court; these can document what they observed and strengthen the record.
• Do not destroy the original will or any related documents. If you find suspicious conduct, make notes about dates, locations, and who was involved.
• Expect the probate court to weigh expert testimony. If possible, secure timely expert evaluations (neurology, psychiatry, neuropsychology, forensic document examiners).
• If you plan to contest a will, hire a Massachusetts probate attorney. They can advise on filing requirements and represent you in the Probate and Family Court.

Where to get more help

For practical probate information in Massachusetts, visit the Massachusetts Probate and Family Court. For the governing statutory text see M.G.L. c. 190B.