Detailed Answer — How Arkansas Courts Decide Capacity and Undue Influence

1. Basics: two separate legal issues

When a will is contested, courts treat two distinct questions:

• Testamentary capacity: Did the testator have the mental ability at the time the will was signed to understand the nature and effect of making a will, the extent of their property, and the people who normally would expect to benefit (the “natural objects of their bounty”)?
• Undue influence: Did someone exert wrongful pressure or dominate the testator’s mind so the will reflects the influencer’s wishes rather than the testator’s independent intent?

2. Legal framework and where to find Arkansas law

Arkansas law governs how wills are executed and litigated. For statutory text and procedures, consult the Arkansas Code (Title 28 covers wills and probate matters). You can review those statutes through the Arkansas General Assembly website: https://www.arkleg.state.ar.us/. If you are involved in a probate case, also check local probate rules and the Arkansas courts website for court forms and filing information: https://www.arcourts.gov/.

3. Types of evidence that support a claim of lack of capacity

To show lack of testamentary capacity, gather evidence that the testator did not understand key facts when they signed the will. Useful evidence includes:

• Medical records: Hospital records, clinic notes, neuropsychological testing, psychiatric diagnoses, medication lists, and doctors’ observations near the time the will was signed.
• Physician testimony or expert opinions: A treating physician or a forensic psychiatrist/expert who can opine about the testator’s mental state at the time of signing.
• Witness testimony from the signing: People who were present when the will was read, explained, or signed can report whether the testator appeared confused, disoriented, or unable to answer basic questions about property or family.
• Contemporaneous statements: Emails, letters, recorded conversations, diaries, or notes showing the testator’s own expressions of confusion or impaired memory.
• Functional evidence: Proof the testator could not manage everyday affairs, pay bills, or make consistent decisions (bank statements showing unusual activity, caretaker reports, guardianship/conservatorship filings).
• Prior wills and consistent intent: Older wills or estate planning documents showing a stable pattern of intent that changed only when the testator’s mental state declined.

4. Types of evidence that support a claim of undue influence

Undue influence is usually shown by demonstrating a combination of suspicious circumstances and testimony that the influencer used a vulnerable relationship to procure the will. Useful evidence includes:

• Confidential or dominant relationship: Evidence the beneficiary had a close, controlling, or fiduciary relationship (e.g., caregiver, close advisor, attorney-in-fact, or someone living with the testator).
• Active procurement: Proof the beneficiary arranged the meeting with the attorney, brought the documents, paid legal fees, or isolated the testator from family and former advisors.
• Unnatural or sudden changes: A will that sharply departs from prior plans or that gives a large, unexpected benefit to someone with little prior connection to the testator.
• Signs of pressure or manipulation: Witness statements that the testator was coerced, threatened, kept from seeing family, or told the will would not be valid unless they complied.
• Financial records: New transfers, unusual withdrawals, or recent changes in how accounts are titled or who is authorized to access funds.
• Document irregularities: Missing or vague witness signatures, the presence of a beneficiary at signing, or deviations from normal execution formalities.
• Communications and digital evidence: Emails, text messages, social-media posts, voicemail, or contemporaneous notes that show the influencer’s role or the testator’s state of mind.

5. How courts weigh evidence

Court decisions rest on the totality of the circumstances. No single item will always decide a case. Arkansas courts will consider:

• The clarity and timing of medical evidence about the testator’s mental state.
• The credibility of witnesses present at or near the signing.
• Whether the will’s terms are suspicious considering the testator’s prior plans.
• Whether the proponent of the will can show the testator acted freely and with understanding when the will was signed.

6. Practical steps to collect strong evidence

If you intend to contest a will or need to defend one, take these steps quickly:

• Secure originals or certified copies of the will and any earlier wills or codicils.
• Request and preserve medical records and medication lists for the period before and at the time of signing. Use a signed medical-release form if needed.
• Identify and interview witnesses who saw the testator near the time the will was made. Get sworn statements or affidavits when possible.
• Collect communications (emails, texts, voicemails) and financial records showing transfers, account changes, or payments connected to the beneficiary or the will’s execution.
• Look for documentary signs of isolation—letters declining family visits or notes that family was kept away.
• Preserve evidence chain-of-custody (who handled the will, when, and how) and keep originals secure.

7. Burdens of proof and presumptions

Contestants must present sufficient evidence to convince the court that the will is invalid. In many situations, suspicious facts (a confidential relationship plus active procurement plus an unnatural result) can create a presumption of undue influence that shifts the burden to the will’s proponent to show the will reflects the testator’s free choice. Because procedural and proof rules matter, consult a probate attorney quickly to apply Arkansas law to your facts.

8. Timing and procedural notes

Will contests have time limits and specific filing procedures once a probate case opens. Preserve evidence immediately and consult local court rules and the Arkansas statutes governing probate to avoid missing filing deadlines. See the Arkansas General Assembly site for statutory text and probate procedure references: https://www.arkleg.state.ar.us/, and the Arkansas Judiciary for court forms and probate information: https://www.arcourts.gov/.

Helpful Hints

• Start preserving evidence now: medical records and witness recollections degrade over time.
• Get written affidavits from anyone who saw the testator at or near signing while memories are fresh.
• If the testator had a recent diagnosis (dementia, delirium, severe depression), focus on contemporaneous medical notes and medications taken at the time.
• Look for patterns, not just single facts: isolation, new caretakers, and rapid estate changes together are more persuasive than any one element alone.
• Do not attempt to coerce witnesses or alter records—tampering harms credibility and may be illegal.
• Meet with an Arkansas probate attorney quickly; they can advise on deadlines, local practice, and whether to seek temporary relief from the probate court.
• If you are a professional (caregiver, attorney, or fiduciary), keep detailed contemporaneous notes about meetings, advice given, and decisions made.
• Be prepared to explain why a prior, consistent estate plan was abandoned and who benefitted from the new will.