Detailed Answer

When someone challenges a will in Hawaii on the grounds of undue influence or lack of capacity, the court looks at the totality of the evidence surrounding the will’s preparation, signing, and the testator’s condition. Below are the main kinds of evidence that are relevant and how they fit together.

What “lack of testamentary capacity” means

Testamentary capacity is the mental ability a person must have when signing a will. In practical terms, a person has capacity if, at the time they sign the will, they generally: (1) understand they are making a will and what a will does; (2) understand the nature and extent of their property; (3) recognize the natural objects of their bounty (close family and dependents); and (4) understand how the will disposes of their property in relation to those facts. Evidence that undermines one or more of these points supports a claim of lack of capacity.

What “undue influence” means

Undue influence occurs when someone exerts excessive pressure or control over the testator that overcomes the testator’s free will and causes a will to reflect the influencer’s intent instead of the testator’s. Courts weigh suspicious circumstances, beneficiary conduct, and the relationship between the testator and the beneficiary who benefitted.

Key categories of evidence

• Medical and mental-health records: Doctor notes, hospital records, memory assessments, diagnoses (e.g., dementia, delirium), medication lists (sedatives, antipsychotics), and neuropsychological testing from around the date the will was signed. These show the testator’s cognitive function at the relevant time.
• Witness testimony from the signing: Testimony from the will’s witnesses, attorney(s), notary public (if involved), caregiver, or family members who observed the signing. Useful details include whether the testator coherently discussed the will, seemed confused, or appeared to follow directions.
• Attorney notes and file: Drafts of the will, the attorney’s contemporaneous file notes, attendance records, and any competency screening the attorney performed when taking instructions. A lawyer’s refusal to prepare a document based on obvious incapacity can be helpful to a challenger; conversely, an attorney’s careful file showing explained risks and a clear signing ceremony supports validity.
• Attestation clause and formalities: The presence of a properly completed attestation clause and compliance with Hawaii probate formalities is strong evidence that the will was validly executed. See Hawaii probate law (HRS Chapter 560) for statutory formalities: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/
• Contemporaneous statements and behavior: Statements the testator made before, during, or after signing that indicate confusion, lack of understanding, or inconsistent memory. For example, notes, emails, recorded phone calls, or video of the signing can be powerful.
• Change in relationship or isolation: Evidence that the testator became isolated from friends and family, was controlled by a caregiver or beneficiary, or lost prior independent contacts shortly before the will change.
• Beneficiary conduct and motive: Rapid financial transfers to a beneficiary, efforts by a beneficiary to arrange the meeting with the attorney, the beneficiary’s presence during private conversations about the will, or a beneficiary who gains immediately after the testator’s death.
• Document forensics: Handwriting and signature analysis, paper and ink dating, or forensic checks that suggest the document wasn’t signed when claimed.
• Comparison to prior wills: Earlier wills that show a stable plan compared with a sudden, unexplained change favoring a new beneficiary. A sudden change without explanation raises questions of undue influence.
• Expert testimony: Experts in geriatrics, neurology, psychiatry, neuropsychology, or forensic handwriting can explain records and behaviors to the court in technically grounded terms.

How these pieces fit in a typical hypothetical

Hypothetical: An 82-year-old testator with diagnosed mild dementia changes a will to leave the house to a live-in caregiver who arranged the attorney meeting and was alone with the testator before signing. The attorney’s file shows a short interview; medical records from the week before show confusion and a new high-dose sedative; there are emails from the caregiver pressuring the testator; prior wills left the house to adult children.

How a challenger would use evidence:

1. Introduce medical records and physician testimony to show the testator’s confusion and sedative use around signing.
2. Call the lawyer and attesting witnesses to describe how the meeting occurred and whether the testator appeared to understand the transaction.
3. Show the caregiver’s role arranging the meeting, texts/emails that indicate pressure, and quick financial transactions after the will.
4. Compare the new will with prior wills to highlight an unexplained sudden change favoring the caregiver.
5. Use an expert to tie the facts together—e.g., a geriatric psychiatrist explaining how sedative medication and isolation could impair capacity and make a person vulnerable to coercion.

Practical courtroom issues in Hawaii

Probate and will contests are handled in Hawaii circuit courts. The Hawaii Revised Statutes contain the probate rules and formalities that judges apply; consult HRS Chapter 560 for statutory authority: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/

Because facts and legal standards can be nuanced, courts focus on the entire record. Rapid action to preserve evidence—medical files, communication records, and witness contact information—is critical.

Evidence preservation tips

• Request and secure medical records early (hospitals and physicians retain records that may be altered or misplaced if you delay).
• Preserve digital evidence: texts, emails, social-media messages, and phone logs.
• Collect witness contact details and statements while memories are fresh.
• Keep originals of the will and related documents in a secure place; get certified copies from the probate filing clerk when appropriate.

For general probate procedures and self-help resources in Hawaii, see the Judiciary’s probate information: https://www.courts.state.hi.us/self-help/probate

Helpful Hints

• Act quickly. Time-sensitive evidence (medical records, witness memories, digital messages) can disappear or become harder to collect.
• Document everything. Save emails, texts, photos, bank records, and a timeline of events around the will change.
• Talk to witnesses early. Ask anyone who attended the signing or saw the testator shortly before or after to put their recollections in writing.
• Preserve medical and medication records. Obtain records from hospitals, clinics, and primary-care physicians for the months surrounding the date the will was signed.
• Keep prior wills. Copies of earlier wills or estate-planning documents help show patterns and unexplained changes.
• Consider expert evaluation. A medical or forensic expert can explain clinical records and how they affect capacity or susceptibility to influence.
• Consult a probate attorney promptly. A lawyer experienced in Hawaii probate procedure can advise on deadlines, preservation steps, and whether to start a will contest.
• Be cautious about confrontation. Avoid alarming or threatening the suspected influencer; follow legal advice on how to secure evidence without creating escalation risks.

Remember: each case turns on its specific facts. The best evidence packages combine documentary proof (medical records, communications, financial records), credible witness testimony, and expert analysis where needed.