Detailed Answer

To challenge a will in Delaware on grounds of lack of capacity or undue influence, you will need evidence that shows the testator (the person who made the will) did not meet the mental requirements to make a valid will or that another person improperly caused the testator to make the will. Delaware law governing wills is found in Title 12 of the Delaware Code; for statutes about wills and estates see: Delaware Code, Title 12.

What the court looks for on capacity

A person who makes a valid will must generally have “testamentary capacity.” That means, at the time the will was signed the testator must have understood these basic facts:

• The nature and effect of making a will (that the document disposes of property when they die);
• The nature and extent of their property to a reasonable degree; and
• The identity of the natural objects of their bounty (close family and heirs) and how those people relate to the estate.

To prove lack of capacity you will typically present contemporaneous medical records, testimony from treating physicians or nurses, testimony from witnesses who observed the testator’s mental state near the time the will was signed, and any neuropsychological or psychiatric evaluations done around the signing date.

What the court looks for on undue influence

Undue influence means someone used improper pressure or manipulation to cause the testator to make a will different from what they would have made free of coercion. Common facts courts consider include:

• Close relationship or dependence on the beneficiary (caregiver, fiduciary, or dominant confidant).
• Opportunity to exert influence (isolation from friends/family, control over visits or information).
• Suspicious circumstances around the will’s creation (sudden, unexplained changes; large gifts to a caregiver immediately after the will; the beneficiary present at signing or involved in drafting without independent advice).
• Evidence the testator was vulnerable (illness, cognitive decline, medication effects) combined with signs the influencer benefited unfairly.

Proving undue influence usually requires showing both that the influencer had the motive and opportunity and that their influence actually caused the testator to make the change.

Types of evidence that help a will contest

• Medical records, hospitalization notes, psychiatric assessments, and medication lists around the time of signing.
• Affidavits or live testimony from witnesses present at signing or who saw the testator’s mental state shortly before/after signing.
• Testimony from family, friends, caretakers, and neighbors about changes in behavior, isolation, or dependence.
• Documentation of who drafted the will, who attended the meeting, who paid for legal services, and any relationship between that person and the beneficiary.
• Original will and any drafts or notes showing who suggested edits or influenced wording.
• Correspondence, text messages, emails, or voicemail showing pressure, threats, promises, or coercion.
• Financial records showing sudden transfers, unexplained gifts, or unusual payments to a caregiver or beneficiary.
• Forensic evidence such as handwriting or signature analysis when authenticity is contested.
• Photographs, video, or audio capturing the testator’s condition or meetings with the purported influencer.

Burden of proof and timing

Generally, the person contesting a will must prove lack of capacity or undue influence by the required standard of proof in civil proceedings. If suspicious circumstances or a confidential relationship exist, courts may scrutinize the will more closely. Because Delaware law establishes probate procedures and deadlines in Title 12, you should act quickly to preserve evidence and meet any filing timelines. See Delaware Code, Title 12 for general probate rules and consult an attorney promptly about exact deadlines.

Practical steps to gather and preserve evidence

1. Preserve the original will and any drafts; don’t let originals be altered.
2. Collect medical records and request copies from hospitals, clinics, and treating physicians.
3. Gather witness contact information and obtain written statements or affidavits about what they observed.
4. Preserve electronic records: texts, emails, and voicemails that might show pressure or arrangements.
5. Collect financial records showing transfers, payments, or changes in account access.
6. Consider early forensic or handwriting review if authenticity or signature is disputed.
7. Talk to an attorney who handles probate litigation to evaluate strength of the evidence and start any required filings before deadlines run.

Helpful Hints

• Act quickly: probate rules have time limits. Preserve evidence immediately.
• Original documents matter. Ask the probate office how to obtain and protect the original will.
• Medical and care records are often decisive. Request them early and chain them to the execution date of the will.
• Independent witnesses who saw the testator around the signing date (neighbors, other family, paid staff) provide powerful testimony.
• If a caregiver or beneficiary appears to have controlled access to the testator, document dates, visitors, and control over mail, phones, and appointments.
• Keep detailed notes of every conversation and who said what — contemporaneous notes are persuasive in court.
• Don’t confront potential witnesses or suspected influencers in a way that could destroy evidence; work with counsel to preserve evidence ethically and legally.
• Consult an attorney experienced in Delaware probate litigation as soon as possible to evaluate evidence and advise on next steps.