Detailed Answer

Short summary: To challenge a will in Utah on grounds of undue influence or lack of testamentary capacity, you will need documentary, testimonial, and often expert evidence that shows the testator (the person who made the will) either lacked the mental ability to make the will or was coerced so that the will reflects someone else’s control rather than the testator’s free intent.

What the court looks for (concepts you should understand)

• Testamentary capacity: The testator must generally understand the nature of making a will, know the extent of their property, recognize the people who naturally would inherit (their “natural objects of bounty”), and understand how the will disposes of their property. Evidence that the testator could not meet these basic mental tasks at the time the will was signed supports a lack of capacity claim.
• Undue influence: Courts consider whether someone exerted overpowering pressure on the testator so that the resulting will reflects that person’s intent rather than the testator’s. Courts often weigh the opportunity to influence, the influencer’s motive, the testator’s vulnerability, suspicious circumstances surrounding the will, and the resulting disposition (for example, a dramatic gift to a caregiver who previously received little or nothing).

Relevant Utah law

Utah’s rules for wills appear in the Utah Probate Code; see the provisions governing wills in Utah Code Title 75, Chapter 2 (Wills). If you plan a challenge, consult an attorney who will point to the exact statutory subsections and applicable cases that guide proof and timing in Utah probate courts.

Types of evidence that help prove lack of capacity

To show lack of testamentary capacity in Utah, typical useful evidence includes:

• Medical records and physician notes showing diagnoses (dementia, stroke, delirium, severe mental illness), cognitive test results, or prescriptions that impair cognition near the signing date.
• Neuropsychological or psychiatric evaluations performed near the time of the will—or expert testimony later that explains how the condition would have affected capacity at signing.
• Testimony from witnesses (family, friends, caretakers, hospice staff) describing the testator’s behavior, memory problems, confusion, or inability to understand simple financial decisions around the time the will was executed.
• Contemporaneous records such as journals, emails, text messages, or recordings that demonstrate confusion or incapacity.
• Comparison with prior wills that shows a sudden, unexplained change inconsistent with the testator’s long-standing intent—paired with evidence the testator was not mentally capable of making or understanding the change.
• Handwriting or signature analysis where authenticity or signs of incapacity while signing are in question.

Types of evidence that help prove undue influence

Undue influence cases rely on both circumstantial and direct evidence. Useful items include:

• Patterns of isolation or control: evidence that a potential beneficiary limited the testator’s contact with family, friends, or advisors before the will was changed.
• Opportunity and access: proof the beneficiary had unsupervised access to the testator at critical times (alone during will preparation/execution, controlling visitors, controlling medications).
• Motive or suspicious relationship: the beneficiary stood to gain substantially and had a clear motive (caregiver who received large gifts, companion who suddenly inherits everything).
• Unnatural result: a will that sharply departs from prior dispositions in a manner that benefits the influencer and harms previously provided-for family members.
• Pressure or coercion: witnesses, recordings, notes, emails, or text messages showing threats, manipulation, or strong-arm tactics.
• Control of logistics: the influencer arranged the lawyer, paid for the will, chose witnesses, or rushed execution without allowing independent advice.
• Financial records: bank transfers, changes in beneficiary designations, or unusual withdrawals around the time of the will change.

How courts typically evaluate the combined evidence

Courts look at the totality of the circumstances. No single item may prove undue influence or incapacity; instead, a combination of medical proof, witness testimony, document evidence, and suspicious facts often forms a persuasive picture. Records created near the time of signing carry more weight than memories years later.

Practical steps to preserve and gather evidence

1. Immediately request the testator’s medical records (hospitals, primary care, specialists). These are often crucial to capacity claims.
2. Get written statements from anyone who saw the testator around the will signing—friends, nurses, social workers, clergy, or family.
3. Secure copies of all versions of the will, codicils, trusts, beneficiary forms, and related documents. If the will has been filed in probate, obtain the court file copy promptly.
4. Preserve electronic evidence: emails, texts, voicemails, photos, and security camera footage. Make forensic copies if needed.
5. Gather financial records showing transfers, bill payments, or unusual activity tied to the new will’s beneficiaries.
6. Obtain contact information for the attorney who prepared the will and for the attesting witnesses; their testimony about the signing procedure is important.
7. Consult a probate attorney early—there are strict time limits for contesting a will in probate court.

What you should not do

• Do not destroy or alter documents or electronic devices; that can hurt your case and create legal problems.
• Avoid confrontations that could provoke the alleged influencer; instead, preserve evidence and work with counsel.
• Don’t delay collecting evidence—memories fade, records get lost, and statutory deadlines may bar a contest.

Where to get help

Because will contests involve detailed factual investigations and strict procedural deadlines, consult a Utah probate attorney promptly. An attorney can help collect medical records, secure evidence, and evaluate whether you have strong grounds to bring a claim under Utah law (Utah Code Title 75, Chapter 2).

Disclaimer: This article explains general information about Utah law and evidence commonly used in will contests. It is not legal advice, does not create an attorney-client relationship, and does not replace a consultation with a licensed Utah attorney.

Helpful Hints

• Act quickly—collect medical and financial records right away.
• Document names, dates, and locations of who was with the testator when the will changed.
• Get written witness statements while memories are fresh.
• Secure copies of older wills and estate planning documents to show inconsistent changes.
• Preserve electronic evidence and devices; consider making forensic backups if the data is critical.
• Look for patterns: sudden isolation, new beneficiaries who exert control, or financial transactions benefiting caregivers are red flags.
• Consult a probate attorney experienced in will contests; they can advise on Utah deadlines and the likely standard of proof needed to prevail.