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This section explains, in plain terms, the kinds of proof New Hampshire courts expect when someone challenges a will because the person who signed it lacked the required mental capacity or was subjected to undue influence. This is educational information only and not legal advice. If you plan to contest a will, contact a licensed New Hampshire probate attorney promptly.

Basic legal framework (how courts view capacity and undue influence)

New Hampshire probate courts evaluate will challenges under common testamentary principles and the state’s probate rules. Generally:

• Testamentary capacity: The person making the will (the testator) must have had enough mental capacity when signing to understand (a) the nature of making a will, (b) the nature and extent of their property, (c) the natural objects of their bounty (close family and heirs), and (d) how those elements relate to produce a reasonable plan of distribution. Courts use these four points as a practical test of “sound mind.”
• Undue influence: A will can be set aside if someone exerted pressure, coercion, or manipulation that overcame the testator’s free will. Influence that is persuasive is not automatically undue; it becomes undue when it destroys the testator’s free agency so the will reflects the influencer’s wishes rather than the testator’s.

For primary statutory and chapter references about wills and probate in New Hampshire, see the New Hampshire Revised Statutes (search Chapter 551 and related probate chapters): https://www.gencourt.state.nh.us/rsa/html/

Types of evidence that support a claim of lack of testamentary capacity

To show a testator lacked capacity at the time the will was signed, collect evidence that speaks to the testator’s mental state around the signing date. Useful evidence includes:

• Medical records and physicians’ notes showing diagnoses (for example, dementia, delirium, severe depression, or psychosis), hospital stays, or episodes of confusion near the date the will was signed.
• Neuropsychological testing, cognitive assessments, or expert medical opinions tying cognitive impairment to inability to understand the elements of a will.
• Testimony from family members, caregivers, friends, or the drafting attorney about the testator’s observable mental state — confusion, inability to follow conversation, trouble recognizing close family, or trouble managing finances.
• Contemporaneous recordings, emails, text messages, or diary entries that show confusion or impaired decision-making close to the signing date.
• Evidence of intoxication from medication, prescription errors, or improper dosages that could have impaired judgment.
• Short-term conditions causing incapacity (e.g., delirium following surgery or infection) with medical documentation timed to the will signing.

Courts decide capacity at the time the will was executed. Isolated past mental illness does not automatically prove lack of capacity when the will was signed if medical and witness evidence show the testator was lucid at that time.

Types of evidence that support a claim of undue influence

To prove undue influence, evidence should show that another person dominated or manipulated the testator’s decision-making. Strong evidence often includes:

• Evidence of a confidential or dependent relationship between the testator and the beneficiary (for example, caregiver–patient, attorney–client, or close advisor who controlled access to the testator).
• Proof of direct participation by the beneficiary in procuring the will: drafting, choosing the attorney, arranging signings, preparing paperwork, or being the only person present at signing.
• Unusual or sudden changes from prior wills or estate plans that favor a caregiver or new beneficiary without an obvious explanation.
• Many of the same medical or cognitive records used for capacity — showing the testator was vulnerable, isolated, or easily influenced.
• Communications (texts, emails, letters, recorded conversations) that show pressure, threats, inducements, or coercion.
• Financial records showing suspicious transfers, gifts, or payments to the beneficiary that coincide with or precede the will change.
• Testimony that the testator expressed fear, dependence, or that the beneficiary controlled visitors, correspondence, or communications during the period when the will changed.
• Evidence of “suspicious circumstances” at execution — lack of independent witnesses, not informing close relatives, or secrecy around the signing process.

Where a confidential relationship exists and the disposition is unnatural, New Hampshire courts may require the proponent of the will to show absence of undue influence. In other words, the burden can shift to the person defending the will to prove the will reflects the testator’s free choice.

How courts weigh evidence and the burden of proof

Key points about proof standards:

• Burden of proof: The person challenging the will generally bears the burden to show incapacity or undue influence by a preponderance of the evidence (more likely than not). If the challenger proves suspicious circumstances and a confidential relationship, the burden may shift to the will’s proponent to prove the will’s validity.
• Timing matters: Courts focus on the testator’s mental state at execution. Evidence from months earlier or later can be relevant but is weaker than evidence from the signing period.
• Corroboration helps: Multiple independent pieces of evidence (medical, documentary, and witness testimony) are much stronger than a single source.
• Expert witnesses: Medical or forensic experts can explain how cognitive impairment affected capacity or how coercive behavior could have controlled the testator’s will.

Practical steps to preserve and gather evidence in New Hampshire

If you suspect a will was signed under undue influence or by an incapacitated person, act quickly:

• Preserve documents and communications: save drafts of the will, emails, texts, letters, and financial records.
• Preserve medical records: seek authorization to obtain the testator’s medical records near the time of the signing. Medical records are often the strongest evidence for capacity questions.
• Record witness statements: get contact information and written or recorded accounts from anyone who saw the testator immediately before, during, or after the signing.
• Secure digital evidence: screenshots of messages, backups of phone recordings, and metadata (dates and times) can be important.
• File timely objections in probate court: probate procedures have deadlines. Consult a New Hampshire probate attorney to learn how to challenge probate or file a caveat.

What to expect in New Hampshire probate court

Contesting a will in New Hampshire generally involves filing a petition with the county Probate Court where the decedent lived. Procedures and time limits vary by county and by the stage of probate, so move quickly. A contested probate may lead to discovery (document requests and depositions), expert testimony, and a trial.

For general information about probate courts in New Hampshire, visit the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/

When to get legal help

Gathering the evidence above can be complex. If you plan to contest a will or defend one, consult a New Hampshire probate attorney as soon as possible. An attorney can advise on time limits, help collect medical and documentary evidence, arrange expert evaluations, and represent you in probate court.