Understanding what evidence helps prove undue influence or lack of capacity in Tennessee probate disputes

Disclaimer: This is general information about Tennessee law and is not legal advice. If you are involved in a will contest or worried about a recent will, consult a Tennessee probate attorney promptly.

Detailed answer — how Tennessee courts look at capacity and undue influence

When someone challenges a will in Tennessee on the basis of lack of testamentary capacity or undue influence, the court examines the totality of the evidence to decide whether the will reflects the testator’s true intent. Two distinct legal concepts apply:

1. Testamentary capacity (mental capacity)

To have capacity to make a valid will, a person generally must understand:

• the nature of the act (that they are making a will);
• the extent of their property (a general sense of what they own);
• the natural objects of their bounty (who their close family or usual heirs are); and
• the disposition they are making (who gets what under the will).

Courts look for contemporaneous proof of those abilities. Medical records, witness testimony, and the will’s surrounding facts (for example, whether the testator could carry on coherent conversations around the time of signing) are commonly used to show whether the testator had capacity.

2. Undue influence

Undue influence occurs when someone uses coercion, manipulation, or pressure to overcome the testator’s free will and cause them to make (or change) a will in a way they otherwise would not have. Many courts consider several factors together rather than a fixed checklist. Typical elements courts examine include:

• the testator’s vulnerability or susceptibility (e.g., illness, cognitive impairment, dependence);
• the influencer’s opportunity to exercise control (frequent access, isolation of testator);
• the influencer’s active participation in procuring the will (selecting attorney, drafting, paying costs, or being present at signing); and
• an unnatural disposition or result (a beneficiary who would not normally receive such a large share).

In Tennessee probate contests, courts weigh these factual circumstances. A pattern of isolation, sudden and unexplained changes in beneficiaries, or involvement by a beneficiary in the preparation of the will will raise suspicion and can be powerful evidence when combined with facts showing the testator’s vulnerability.

Types of evidence that help prove lack of capacity or undue influence

The strongest cases assemble multiple kinds of evidence. Useful categories include:

Medical and clinical records

• physician notes, hospital records, mental health evaluations, neurology reports;
• diagnoses of dementia, delirium, stroke, psychosis, or other cognitive disorders;
• neuropsychological testing or cognitive screening (MMSE, MoCA) near the time of signing;
• records showing medication effects or hospitalization that interfered with decision-making.

Witness testimony and contemporaneous observations

• testimony from relatives, caregivers, friends, and professionals who saw the testator around signing;
• descriptions of the testator’s ability to carry on coherent conversations, remember family members, or understand their property;
• statements by the will witnesses (who signed the will) about what the testator said and how they behaved at signing.

Documentary evidence about the will’s creation

• the original will (inspect for signatures, dates, and witness names);
• drafts or earlier wills to show changes over time;
• emails, text messages, appointment notes, or memos showing who arranged the meeting or prepared the document;
• financial records showing transfers, new accounts, or beneficiary designations that coincide with the will.

Evidence of the influencer’s role and motivation

• proof a beneficiary paid the attorney, drove the testator, or isolated them from family;
• evidence of coercive acts—threats, intimidation, or controlling behavior;
• gifts, loans, or advantages the beneficiary received around the same time.

Physical and electronic evidence

• voicemail, call logs, texts, or social media messages showing pressure or influence;
• home surveillance or photos documenting the testator’s condition or who visited frequently;
• handwriting analysis if capacity is questioned by arguing signature was forged or the testator could not physically sign.

Practical steps to collect and preserve evidence in Tennessee

1. Secure the original will. If you do not have it, identify the probate office where it may be filed.
2. Immediately obtain medical records with a signed HIPAA release. Records that trail or vanish over time become harder to use.
3. Collect witness names and written statements about what they observed near the time of signing.
4. Preserve electronic messages (texts, emails) and financial documents (bank statements, transfers, beneficiary changes).
5. Contact an attorney quickly. A lawyer can file a preservation request or emergency petition with the probate court to prevent destruction of evidence.

Burden and standard of proof — what to expect

The person who files the contest normally bears the burden of proving lack of capacity or undue influence. Courts often require persuasive proof. Whether the court calls the standard “clear and convincing” or a strong preponderance can vary by claim and specific factual posture. A Tennessee probate lawyer will advise on which legal standard is likely to apply and how to frame the evidence for the probate judge.

Relevant Tennessee law and resources

Tennessee’s statutes governing wills and probate are found in Tennessee Code Annotated, Title 32 (Wills). For statute text and to review the probate code, see the Tennessee Code pages on the Tennessee General Assembly site: https://www.capitol.tn.gov/legislation/statutes/32/.

For practical court and probate information, the Tennessee Administrative Office of the Courts maintains resources at: https://www.tncourts.gov/.

When to contact an attorney

Contact an experienced probate litigator as soon as possible if you suspect lack of capacity or undue influence. Time matters: witnesses move, memories fade, and records can be lost. An attorney will advise you on filing deadlines, immediate evidence-preservation steps, and whether to seek temporary relief from the probate court.

Helpful Hints

• Act quickly: preserve the original will, medical records, and electronic messages right away.
• Get written statements from witnesses while memories are fresh.
• Look for a pattern: sudden changes in beneficiaries, a caregiver or beneficiary who suddenly gains control, or secretive meetings are red flags.
• Collect objective medical evidence (hospital and doctor records) rather than relying only on general impressions.
• Document who arranged the will signing (who chose the attorney, paid fees, transported the testator).
• Preserve financial records—large transfers or new account beneficiaries around the time of the will are often probative.
• Avoid discussing strategy in public or on social media; those statements can be used in court.
• If you fear immediate destruction of evidence, ask a lawyer about emergency probate filings or preservation letters.

Challenging a will is fact-intensive. The stronger your documentary and witness evidence, the better your chances of prevailing in a Tennessee probate contest. Speak with a Tennessee probate attorney to evaluate your evidence and next steps.