Overview

This article explains, in plain language, the kinds of evidence that commonly persuade Indiana courts that a will was the product of undue influence or that the testator lacked the mental capacity to make the will. It summarizes what courts look for and practical steps to preserve and present evidence. This is educational information, not legal advice. Consult a licensed Indiana attorney to evaluate your situation.

Detailed Answer

Where to look in the law

Indiana’s probate laws and procedures are in Indiana’s Probate Code (Title 29 of the Indiana Code). For general statutory context about wills and probate, see the Indiana Code, Title 29 (Probate) at the Indiana General Assembly website: https://iga.in.gov/legislative/laws/2023/ic/titles/29. Many of the rules about capacity and undue influence are developed through court decisions and practice under that statutory framework.

Basic legal concepts (simple terms)

Two separate problems commonly arise in will contests:

Testamentary capacity: The testator (person who signed the will) had the mental ability at the time of signing to understand (1) the act they were doing (making a will), (2) the nature and extent of their property, (3) the people who naturally would expect to share in the estate (spouse, children, close relatives), and (4) how the will disposed of the estate. If the testator could not understand these facts because of cognitive impairment, illness, medications, or delusions, a will can be invalidated for lack of capacity.
Undue influence: Influence that overcomes the testator’s free will so that the resulting gift reflects the influencer’s intent rather than the testator’s. Courts look for signs that someone manipulated or controlled the testator and procured the will to benefit themselves or a favored party.

How courts evaluate evidence

Courts weigh all the evidence presented and look for patterns. Evidence is rarely a single smoking gun. Instead, judges assess whether the totality of the circumstances supports lack of capacity or undue influence. Typical elements courts consider include:

Timing: when the will was signed relative to illness, hospitalizations, or medication changes.
Surprising or unnatural changes: sudden changes in beneficiaries or large gifts to a caregiver or recent acquaintance.
Testator vulnerability: cognitive decline, dementia diagnosis, dependence on the alleged influencer for care, isolation, or sensory impairments.
Control and opportunity: whether the alleged influencer had close access to the testator, controlled communications, or arranged the will signing.
Active procurement: whether the influencer arranged the will, prepared documents, or pressured the testator through threats, repeated requests, or coercion.
Absence of independent advice: if the testator lacked a neutral attorney or independent witnesses who can confirm the testator understood what they were signing.
Prior testamentary intent: earlier wills or estate plans that conflict with the challenged will without a reasonable explanation.

Types of evidence that help prove lack of capacity

Medical records and physician testimony documenting dementia, delirium, brain injury, severe psychiatric illness, or other conditions that impair cognition around the time the will was executed.
Medication records (especially recent changes in sedatives, antipsychotics, or other drugs that alter cognition).
Testimony from family, caregivers, nurses, and friends about the testator’s mental state, memory problems, confusion, inability to manage finances, disorientation, or inability to understand the nature of signing a will.
Videotape or contemporaneous notes showing the testator’s confusion or impaired thinking at or near the signing.
Expert opinions (neuropsychologists, geriatric psychiatrists, neurologists) who can assess records and offer an opinion about the testator’s capacity at the time of signing.
Handwriting or signature analysis that might show the testator did not sign freely (this tends to be secondary evidence).

Types of evidence that help prove undue influence

Witness testimony that the alleged influencer coached, threatened, or isolated the testator, or prevented others from seeing the testator.
Evidence the alleged influencer initiated the will change, paid for or arranged the attorney, brought the testator to the lawyer’s office, or was present during the signing in a way that prevented independent decision-making.
Patterns of control: controlling access to phone, mail, money, or medical care; taking over financial affairs; or living with and dominating the testator’s daily life.
Unusual gifts or sudden changes that favor the influencer, especially when they are inconsistent with prior plans or family expectations.
Documents, emails, texts, or recordings showing pressure, threats, or statements demonstrating the influencer’s motives.
Absence of independent advice: no independent lawyer or no opportunity for the testator to consult others before signing.

Standards of proof and burdens

Whether a party must prove lack of capacity or undue influence by a preponderance of the evidence or by a higher standard can depend on the particular facts and whether the will appears regular on its face. Courts often require a clear and convincing evidentiary showing when overturning a duly executed will, but the applicable standard may vary with the circumstances and the claims. For precise standards in a particular case, consult an Indiana probate attorney.

Practical steps to preserve evidence and strengthen a claim

Act quickly. Evidence (medical records, witnesses’ memories, digital records) can disappear. Preserve originals—especially the original will—and avoid altering documents or spoliating evidence.
Get medical records and medication lists for the period shortly before and after the will was signed. Ask the testator’s treating providers for contemporaneous notes and discharge summaries.
Identify and interview witnesses while memories are fresh: care staff, family members, neighbors, clergy, or anyone who saw the testator around the time of signing.
Collect communications: texts, emails, voicemail, call logs, and photos that show who had access to the testator or what pressure might have occurred.
Find prior estate planning documents. Compare earlier wills and powers of attorney to detect sudden, unexplained changes.
Take written statements and preserve contact information for witnesses. Record dates, places, and what each witness observed.
Talk to an experienced probate attorney promptly to evaluate the evidence, determine deadlines, and advise on next steps (filing a caveat or probate contest, seeking expedited discovery, or requesting a preservation order).

What to expect in court

Will contests in Indiana typically involve discovery (document requests, depositions), expert testimony (medical or psychiatric experts), witness testimony, and legal argument about the circumstances of the will signing. Because these cases can be fact-intensive, strong documentation and credible witness testimony matter a great deal.

Costs and practical considerations

Contesting a will can be costly and emotionally difficult. Even if you have evidence, consider the strength of the proof, the size of the estate, family relationships, and the risk of litigation. An attorney can help evaluate whether negotiation, mediation, or litigation is the best path.

Helpful Hints

Preserve the original will and any no‑copy documents immediately. Do not destroy or alter them.
Request medical and pharmacy records urgently—hospitals and providers can archive or purge records.
Write down everything you remember about the circumstances of the signing (who was present, who initiated it, what was said). Date and sign your notes.
Secure digital evidence: screenshots of texts or emails, voicemail copies, and metadata where possible.
Get witness contact details and ask witnesses to prepare a written, signed account of what they observed while memories are fresh.
If the testator is still living and you fear immediate harm or ongoing undue influence, consider emergency steps (contact adult protective services or consult a lawyer about temporary guardianship or removal of a power of attorney).
Remember that surprise gifts alone do not prove undue influence; the more you can show patterns of control, opportunity, motive, and the testator’s vulnerability, the stronger your case.
Talk with an Indiana probate attorney to learn about deadlines and the remedies available where you live. Statutory filing rules and time limits can be strict.

Where to get help

Contact a probate attorney in Indiana with experience in will contests and elder law. If cost is a concern, look for legal aid programs or elder law clinics in Indiana. An attorney can evaluate evidence, advise on timing and procedure, and, if needed, file a contest before the probate court.