Detailed Answer

This article explains, in plain language, what kinds of evidence commonly prove undue influence or lack of testamentary capacity for a will under South Carolina law. It assumes no prior legal knowledge. This is educational only and not legal advice. Consult a lawyer if you plan to challenge or defend a will.

How South Carolina law approaches wills

South Carolina treats wills under its probate and estate laws. The relevant statutory framework is in the South Carolina Code, Title 62 (Probate, Estates and Fiduciary Relations). For general reference, see the code: South Carolina Code, Title 62. Probate procedures and deadlines matter a great deal, so act quickly if you think a will is invalid.

Two common grounds to challenge a will

People usually contest a will on one or both of these grounds:

• Lack of testamentary capacity (the signer did not understand what they were doing); and
• Undue influence (someone pressured, coerced, or manipulated the signer into making a gift or change to a will).

Legal standard — quick overview

In South Carolina, the court looks for proof that the testator (the person who made the will) actually had the mental capacity required at the time of signing and that the will reflects the testator’s free intent. Courts rely on statutes, the will’s execution formalities, testimony, medical records, and case law to evaluate capacity and undue influence. When suspicious facts exist—such as a caregiver who benefits and who helped arrange the signing—courts pay special attention and may require stronger evidence that the will represents the testator’s true wishes.

What proof shows lack of testamentary capacity?

Testamentary capacity generally means, at the time the will was signed, the testator:

• Knew the nature and extent of their property;
• Recognized the natural objects of their bounty (close family or others who would normally inherit);
• Knew the disposition they were making; and
• Understood how these facts related so they could make a rational plan.

Useful evidence to prove lack of capacity includes:

• Medical records from around the signing date showing dementia, delirium, stroke, severe mental illness, or medication effects.
• Physician or treating-clinician notes that document cognitive impairment, confusion, or incapacity.
• Cognitive test results (e.g., MMSE, MoCA) or neuropsychological evaluations near the time of signing.
• Testimony from family, caregivers, friends, or witnesses describing the testator’s confusion, inability to remember important facts, or impaired communication on or shortly before the signing date.
• Prior statements the testator made (letters, emails, recorded conversations) that show inconsistent or incoherent thinking.
• Evidence that the testator lacked the physical or sensory ability to understand the document (e.g., severe hearing or vision loss without accommodation).
• Handwriting analysis or expert testimony if there is a dispute about whether the testator actually signed or understood the signature process.

What proof shows undue influence?

Undue influence means someone used persuasion, pressure, manipulation, threats, or isolation to override the testator’s free will. Courts evaluate the totality of circumstances. Evidence that supports an undue-influence claim includes:

• Evidence of a confidential or dependent relationship between the beneficiary and the testator (e.g., caregiver, close advisor, power-of-attorney holder) combined with the beneficiary’s active role in securing the new will.
• Proof the beneficiary procured, drafted, or arranged signing with unusual secrecy or haste (e.g., only one witness present who is the beneficiary, or last-minute changes without explanation).
• Large, unexplained changes in the will that favor someone who previously received little or nothing.
• Isolation of the testator from family, friends, or normal advisors around the time of execution.
• Evidence of coercion: threats, deprivation (withholding food, medication, or social contacts), or bullying to force the testator to sign.
• Financial records showing suspicious transfers, abrupt changes in bank accounts or beneficiary designations that coincide with the will change.
• Communications (texts, emails, voice messages) that show the beneficiary pressuring the testator or instructing witnesses how to act.
• Witness testimony that the testator appeared fearful, confused, or reluctant when signing.

When a close beneficiary played a central role in producing the will, some courts infer undue influence from that combination of a confidential relationship plus active procurement. That inference shifts the burden to the will’s proponent to prove the will was a product of the testator’s free choice.

Practical steps to gather and preserve evidence

1. Preserve the original will and any photocopies. Do not alter or let others handle the original more than needed.
2. Obtain medical records quickly. Use HIPAA release forms or a lawyer to request hospital and doctor charts near the signing date.
3. Collect contemporaneous documents: prior wills, letters, emails, text messages, calendars, appointment logs, or notes that reflect the testator’s wishes before and after the will change.
4. Identify and record potential witnesses. Ask them for written statements about what they saw, heard, or knew of the testator’s mental state and the circumstances of the signing.
5. Gather financial records showing account changes, transfers, or new beneficiary designations around the same time as the will change.
6. Preserve electronic evidence: phone records, emails, voicemail, and social-media posts. Take screenshots and note timestamps.
7. Do not coach witnesses or alter their recollections. Avoid confronting suspected beneficiaries in ways that could complicate litigation.
8. Consider hiring neutral evaluators (medical or forensic) early through counsel when clinical evidence is needed about capacity or coercion.

How courts weigh evidence

Probate courts weigh medical evidence, witness testimony, documentary evidence, and the will’s execution formality. A properly executed will (meeting statutory formalities) is strong evidence of validity. However, valid execution does not preclude proof of incapacity or undue influence. If a challenger shows suspicious circumstances—especially a beneficiary’s active role along with a confidential relationship—the court may require the proponent to show the will was not procured by undue influence.

Timing and procedure

Time limits in probate proceed quickly. South Carolina’s probate process follows Title 62 rules and local probate court procedures. Because deadlines and filing requirements vary by county and by the type of contest, consult the probate court clerk or an attorney immediately. Acting early preserves evidence and witness memories.

Hypothetical example (illustrates the kinds of proof courts look for)

Mrs. A, age 88 with known memory problems, moves in with caregiver B. Within weeks, a new will appears leaving almost everything to B. Only B and a single hired witness attended signing. Family members report Mrs. A seemed confused and could not recall close relatives. Hospital notes from the week before show episodes of delirium. Bank records show large transfers to B at the same time.

Evidence that would strengthen a contest in this fact pattern: the hospital records, testimony from the family about Mrs. A’s confusion, the original will and bank records, testimony about who arranged the signing and why other relatives were excluded, and an explanation for why prior wills were changed. This combination—confidential relationship, active procurement, sudden and large benefit to the caregiver, medical evidence of confusion—creates a strong foundation for a will contest alleging undue influence and lack of capacity.

When to consult an attorney

Because procedures and deadlines matter, consult a South Carolina probate attorney as soon as possible if you intend to challenge a will or if you need to defend one. An attorney can help gather evidence, submit proper filings, and preserve time-sensitive materials (medical records, originals, witness statements).

Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change and facts matter. Consult a licensed South Carolina attorney about your specific situation.