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Short answer: To challenge a will in Pennsylvania for undue influence or lack of testamentary capacity you must gather evidence showing (1) the testator lacked the required mental capacity when they signed the will, or (2) someone exerted improper pressure, persuasion, or control that overcame the testator’s free will. Courts generally require strong proof — often a clear and convincing standard — and they evaluate each case based on medical records, witness testimony, the circumstances around signing, and patterns of conduct.

How Pennsylvania law treats wills

Pennsylvania law governs wills and probate through the Decedents, Estates and Fiduciaries Code (Title 20). A will is valid when it meets statutory execution requirements and is free from undue influence and executed by a person with testamentary capacity. For the statutory framework, see Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. — Decedents, Estates and Fiduciaries.

What is testamentary capacity?

Testamentary capacity means, at the time a will is signed, the testator:

• Understands the nature and extent of their property;
• Knows the natural objects of their bounty (close relatives and those who would reasonably inherit); and
• Understands the nature of the act of making a will and how the will disposes of assets.

These are the traditional elements Pennsylvania courts use when assessing capacity. Proof that a testator had dementia, severe confusion, or was unable to understand these elements can support a lack-of-capacity claim.

What is undue influence?

Undue influence occurs when someone uses coercion, manipulation, or domination to cause a testator to make a will that reflects the influencer’s wishes rather than the testator’s free judgment. Influence alone is not enough; it must be undue — meaning it overcame the testator’s free will so the document expresses the influencer’s intent.

Types of evidence that help prove lack of capacity

• Medical records (physician notes, hospital records, nursing home records) showing cognitive problems, delirium, dementia diagnosis, stroke, or other impairing conditions around the date of signing.
• Neuropsychological testing or cognitive assessments (MMSE, MoCA, formal neurocognitive evaluations).
• Prescribing records showing heavy sedatives, antipsychotics, or other medications that impair decision-making.
• Testimony from the drafter’s attorney or the notary/witnesses who were present at signing about the testator’s appearance, comprehension, and behavior.
• Witness statements from family, caregivers, clergy, or friends who saw the testator’s mental state before or after signing.
• Audio or video recordings showing confusion or lack of understanding at or near the time the will was executed.
• Handwriting analysis when the will is handwritten and capacity is in question.

Types of evidence that help prove undue influence

• Evidence of a confidential or dependent relationship (caregiver, close companion, or someone who controlled access to the testator).
• Sudden, unexplained changes in the will that benefit a person who previously received little or nothing.
• Evidence the alleged influencer isolated the testator from family or independent advisors around the time of the gift.
• The influencer’s involvement in arranging the will (selecting the lawyer, drafting language, paying for legal services, or being present during execution).
• Pressure or threats documented by witnesses, notes, or recordings.
• Opportunistic timing (a new will executed soon after a decline in health, during a hospitalization, or during periods of heavy medication).
• Behavior showing the influencer controlled finances, medical decisions, or day-to-day life — especially if the beneficiary gained materially.

How courts evaluate the evidence

Pennsylvania probate courts (Orphans’ Court divisions) examine the totality of circumstances. Typical steps include:

1. Compare the challenged will to prior wills and the testator’s known intentions.
2. Weigh medical and witness evidence about mental state at signing.
3. Assess suspicious patterns (isolation, beneficiary drafting, unusual gifts).
4. Consider rebutting evidence: testimony that the testator understood and acted freely; documentation that independent counsel advised the testator.

Procedural and practical points

If you suspect lack of capacity or undue influence:

• Act quickly. Physical evidence and witness memories fade. Medical records can be harder to obtain later.
• Preserve the executed will and any drafts you can find.
• Collect witness names, contact details, and short written statements while memories are fresh.
• Request medical and medication records for the months before and after the will’s execution.
• Talk to a probate/litigation attorney who handles will contests in Pennsylvania — they can advise on pleading standards, timing, and the court process in the local Orphans’ Court.

For the statutory framework governing wills and probate practice in Pennsylvania, see 20 Pa.C.S. — Decedents, Estates and Fiduciaries. Because undue influence and capacity are often matters of common law and case law, courts look at both the statutes and judicial decisions when resolving will contests.

Note: Courts require strong proof to set aside a will. Mere suspicion or disagreement with the will’s provisions is not enough.

Example (hypothetical fact pattern)

Mrs. B, age 87, executed a will leaving her estate to her in-home caregiver two weeks after a hospitalization for a urinary tract infection. Prior wills left most assets to her children. Evidence that helps a successful challenge could include:

• Hospital and nursing notes indicating confusion and delirium during the period of signing.
• A physician’s affidavit that Mrs. B lacked capacity on the signing date.
• Testimony that the caregiver arranged the lawyer, was present at signing, and prevented children from visiting that week.
• Bank records showing large transfers to the caregiver around the same time.

Combined, those items could support either lack of capacity, undue influence, or both.

Helpful Hints

• Gather records early — medical and medication records are among the strongest forms of evidence.
• Secure witness contact information immediately and ask witnesses for short written accounts of what they saw or heard.
• Look for patterns: sudden will changes, new beneficiaries, and isolation are red flags.
• Keep copies of all wills and drafts; note who had access to the testator at the relevant time.
• Don’t rely on social media posts alone; use them to identify witnesses or timelines, then corroborate with documentary evidence.
• Consult a Pennsylvania probate attorney quickly — they will know local Orphans’ Court practice and timing rules.
• Understand standards of proof: courts will require convincing proof — prepare to marshal both medical and testimonial evidence.
• Be prepared for a defense: those defending the will may present independent-attorney affidavits, testimony that the testator met with counsel, or clear evidence of the testator’s longstanding relationship with the beneficiary.