How to Prove Undue Influence or Lack of Testamentary Capacity When a Will Is Signed

This FAQ explains the kinds of evidence commonly used to challenge a will in Montana on the grounds of undue influence or lack of testamentary capacity. It describes what to look for, what documents and witnesses help, and practical steps to preserve proof. This is educational information only and not legal advice.

Detailed Answer

Quick overview: two common grounds to attack a will

When someone challenges a will, they usually claim one of two things:

• Undue influence — someone improperly pressured or manipulated the testator so the will reflects the influencer’s desires, not the testator’s free choice.
• Lack of testamentary capacity — the testator did not have the mental ability to understand the nature and effect of making a will at the time it was signed.

Montana probate law governs will contests. For statutory text on wills and probate, see Montana Code Annotated, Title 72 (Probate, Trusts, and Protective Proceedings): https://leg.mt.gov/bills/mca/title_72/.

What kinds of evidence help prove undue influence?

Courts look for a combination of suspicious circumstances and direct evidence that the testator was coerced or manipulated. Useful evidence includes:

• Contemporaneous communications — emails, text messages, letters, or voicemails that show pressure, threats, or a pattern of control.
• Witness testimony — statements from friends, family, caregivers, hospice staff, neighbors, or professionals who observed the testator’s interactions, especially if they saw the alleged influencer isolate the testator or control access to them.
• Unusual or sudden changes — a dramatic or unexplained change in the will’s beneficiaries or distribution pattern, especially if it favors someone who recently gained influence.
• Active role by the beneficiary — evidence that a beneficiary arranged the will signing, selected the attorney, coached the testator about what to say, or received exclusive access to the testator near signing.
• Financial records — payments, transfers, or newly created powers of attorney, joint accounts, or deeds near the time of the will that suggest exploitation.
• Drafting irregularities — last-minute drafts, missing independent witnesses, the testator’s signature looking altered, or the absence of the testator’s independent legal advice.
• Expert testimony — forensic document examiners for handwriting disputes, or social psychologists about manipulation patterns.

What evidence supports a claim of lack of testamentary capacity?

To show the testator lacked capacity when signing, gather evidence that addresses the testator’s mental state at the time of execution:

• Medical records — physician notes, hospital records, neuropsychological testing, medication lists, and diagnoses (e.g., dementia, delirium, severe mental illness) near the date the will was signed.
• Physician or clinician testimony — treating doctors or mental health professionals who can explain the testator’s cognitive function at the time.
• Witness testimony about behavior — observations showing confusion, memory loss, delusions, inability to understand simple matters, or inability to communicate coherently when the will was executed.
• Records of decision-making capacity — prior guardianship proceedings, powers of attorney, or competency determinations that reflect diminished capacity.
• Timing and medication effects — evidence that the testator was under strong medication (sedatives, opioids) or physically ill (postoperative delirium) during signing.
• Testator’s statements — notes, letters, or recordings showing the testator did not understand their assets or the people who should receive them.

How courts evaluate the evidence

Courts do not rely on a single item. They weigh the whole record: medical proof, witness accounts, document forensics, and the presence of suspicious circumstances. Courts look for proof that the testator either did not understand the nature and effect of the will or that another person overcame the testator’s free will.

Practical steps to preserve and gather evidence in Montana

1. Secure the original will and any drafts. Do not alter them. If you cannot access the original, document who has it and how it was obtained.
2. Collect contemporaneous communications (texts, emails, letters) and preserve devices. Take screenshots and back them up.
3. Request medical records promptly. To get records you may need a HIPAA authorization signed by the testator’s personal representative or a court order.
4. Identify and interview witnesses quickly. Memory fades, and witnesses move or die. Take written statements and record recollections if allowed under Montana law.
5. Hire specialists when needed: forensic document examiners, neuropsychologists, or geriatric psychiatrists to evaluate capacity.
6. Work with a Montana probate attorney experienced in will contests. They can guide you about filing a will contest in the appropriate District Court and help meet Montana procedural requirements and deadlines.

Timing and procedure in Montana

Will contests must follow Montana probate procedures and deadlines. Courts typically require an objection to be raised during probate or shortly after a will is submitted for probate. For statutory guidance on wills and probate, see Montana Code Annotated, Title 72: https://leg.mt.gov/bills/mca/title_72/. A probate attorney can explain the specific timing and filing rules that apply to your county and case.

Standards of proof and who bears the burden

Standards and burdens vary by claim and jurisdictional practice. Generally, the party contesting the will must produce sufficient evidence to persuade the court that undue influence or incapacity existed. Because rules vary and Montana courts analyze facts case-by-case, consult a Montana probate lawyer early.

Helpful Hints

• Act quickly: timely preservation of records and witness statements strengthens your case.
• Document everything: keep a timeline of events, contacts, and transfers around the time of the will.
• Get medical records early: hospitals and clinics may purge older files.
• Preserve electronic evidence: save phones, backups, and device metadata when possible.
• Avoid confrontations: don’t risk altering witness testimony or the testator’s situation by arguing or threatening involved parties.
• Consider experts: a cognitive assessment or handwriting analysis can be decisive in many cases.
• Consult a Montana probate attorney for court filings and to ensure you meet local procedural rules.

Disclaimer

This article explains general legal principles and common types of evidence relevant to will contests in Montana. It is not legal advice. For advice about a specific situation, contact a licensed Montana attorney who practices probate law.