FAQ: What evidence do I need to show undue influence or lack of capacity when signing a will?

Short answer: To challenge a will in Connecticut for undue influence or lack of testamentary capacity, collect contemporaneous medical records, witness statements about the signing, proof of suspicious circumstances (sudden changes, secrecy, or benefit to a caregiver), financial records showing improper transfers, and expert testimony on the testator’s mental state. These types of evidence help establish the elements courts use to decide whether the will reflects the true wishes of the testator.

Detailed answer — how Connecticut courts evaluate capacity and undue influence

Connecticut law requires that a person making a will (the testator) have the mental capacity to understand what a will does and to make a reasoned decision about how to distribute property. Courts also protect wills from being the product of undue influence — improper pressure or coercion that overcomes the testator’s free will. To persuade a Connecticut probate court or superior court to set aside a will, you will normally need evidence addressing two different issues:

1) Evidence to prove lack of testamentary capacity

To show lack of capacity, you must prove the testator did not have the required mental ability when the will was executed. Typical evidence includes:

Medical records from the time near execution — notes from physicians, hospital records, nursing-home charts, psychiatric evaluations, and records showing diagnoses such as dementia, delirium, stroke, severe depression, or other cognitive impairment.
Medications list and pharmacy records — medications that can cause confusion or sedation (e.g., high-dose narcotics, benzodiazepines, anticholinergics) and evidence of recent changes in prescriptions.
Testimony by treating physicians, nurses, or caretakers — recollections about the testator’s orientation (ability to identify people, place, and time), memory, and decision-making around the date the will was signed.
Contemporaneous cognitive test results, capacity evaluations, or mental-status exams — Mini‑Mental State Exam (MMSE) scores, Montreal Cognitive Assessment (MoCA) results, or other formal testing.
Witness testimony about the signing event — whether the testator understood what a will does, who would inherit, and the nature and effect of the document.
Statements or writings by the testator before or after signing that show confusion or lack of understanding.

Court focus: Connecticut courts look at whether, at the time of execution, the testator understood the nature and extent of their property, the natural objects of their bounty (close family or likely heirs), and the disposition they intended to make.

2) Evidence to prove undue influence

Undue influence requires proving that someone exerted pressure or used a confidential relationship to cause the testator to make or change a will in a way that defeats the testator’s free will. Useful evidence includes:

Facts showing a confidential or dependent relationship — evidence the testator relied on the person who benefited (e.g., caregiver, companion, or power-of-attorney holder).
Opportunity and access — proof the beneficiary was present frequently with the testator, controlled who had access, or arranged the wills’ execution and document custody.
Motive or suspicious circumstances — sudden, unexplained changes to a previously consistent estate plan; a beneficiary who receives an outsized share while close relatives are disinherited; secrecy about the will’s preparation; or the testator’s isolation from family.
Financial records — large transfers, withdrawals, or changes in account beneficiaries close in time to the will’s execution.
Emails, texts, or recorded statements — communications that show persuasion, threats, or manipulation.
Testimony from the attorney who prepared the will, the witnesses to the signing, or others present — whether the attorney interviewed the testator alone, who was present, and whether the testator appeared to understand and act freely.
Expert testimony — psychiatrists, psychologists, or forensic experts who can explain how the testator’s medical condition made them vulnerable to influence.
Handwriting or signature experts — where forgery or fabrication is alleged in addition to undue influence.

Courts weigh both sets of evidence together. For example, showing the testator had compromised mental abilities plus a beneficiary who had close access and benefited substantially strengthens a claim of undue influence.

How a typical challenge proceeds in Connecticut

Obtain the will and related probate filings from the probate court where the will was probated. If the will was not yet probated, the probate court can advise how to obtain a copy.
Preserve medical and pharmacy records immediately. Ask surviving family, medical providers, and nursing facilities for records covering the months before and after the will was signed.
Collect contemporaneous communications and financial records. Get bank statements, checks, wire transfers, and emails or texts that show changes in relationships or transfers of assets.
Obtain witness statements. Interview and obtain signed statements from anyone who observed the testator’s mental condition or attended the will-signing (attorney, witnesses, notary, caregiver).
Retain experts early. Medical experts can review records and offer opinions about capacity; forensic accountants can trace suspicious transfers.
File a timely contest. Deadlines apply. Consult a Connecticut probate or estate litigation attorney quickly because procedural time limits and notice rules matter.

Where to look for Connecticut law and court procedures

Connecticut’s probate system and statutes govern will probate and challenges. For official state resources, see:

Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/probate/
Connecticut General Assembly (statutes and public acts): https://www.cga.ct.gov/

Ask an attorney to identify the specific statutory provisions and case law that apply to your situation and to confirm deadlines for filing a contest.

Helpful hints — practical tips when you suspect undue influence or lack of capacity

Act quickly. Medical records and witness memories fade. Probate contests also have time limits.
Get and keep original documents. Secure original wills, codicils, and any related estate-planning files if possible.
Request medical authorizations early. HIPAA and state privacy rules can delay access to records; get releases promptly.
Document conversations and gather witnesses. Make contemporaneous notes with dates and names of people who saw the testator around the will signing.
Preserve electronic evidence. Save emails, texts, social-media messages, photos, and voicemails that reflect the testator’s state or the beneficiary’s conduct.
Be mindful of relationships. A caregiver, romantic partner, or a trusted adviser who benefits substantially is a key focus for courts when undue influence is alleged.
Consider a neutral expert review. A retrospective capacity evaluation by a qualified clinician can be persuasive when backed by thorough records and witness accounts.
Consult a probate or estate litigator in Connecticut. Estate-contest law, procedure, and timing are technical and state-specific.

Final note and disclaimer

This article explains common types of evidence used in Connecticut to challenge a will for undue influence or lack of capacity. It is educational only and does not constitute legal advice. For a specific case, consult a licensed Connecticut attorney who handles probate or estate litigation to get advice tailored to your facts.