Short answer

To successfully challenge a will in Vermont for undue influence or lack of testamentary capacity, a challenger typically must present evidence that shows either: (1) the testator lacked the mental capacity required to make a valid will when it was signed; or (2) another person exercised improper pressure, coercion, or manipulation that overcame the testator’s free will. Evidence can be medical records, witness testimony, contemporaneous writings, documentation of suspicious transactions, expert opinions, and proof of the influencer’s motive and opportunity. Challenges are filed in probate court under Vermont probate law (see Title 14, Vermont Statutes Annotated).

What Vermont law governs wills and will contests?

Wills and probate procedure fall under Vermont law in Title 14 (Probate and Trusts). For an overview of the statutory framework, see the Vermont statutes online: https://legislature.vermont.gov/statutes/title/14. A probate attorney can point to the exact provisions and local probate rules that apply to a contest in your county.

Understanding the legal concepts

Testamentary capacity

Testamentary capacity means, at the time the will was signed, the testator understood enough to: (a) know the nature and extent of their property; (b) know the natural objects of their bounty (who their likely heirs are); and (c) understand the disposition that the will makes. If the testator lacked this ability because of dementia, delirium, severe mental illness, or the effects of medication or drugs, the will can be attacked for lack of capacity.

Undue influence

Undue influence occurs when a person uses coercion, manipulation, threats, or exploitation of a confidential relationship to cause the testator to make a will that reflects the influencer’s wishes rather than the testator’s own. Courts look at whether the influencer had motive and opportunity, whether the testator was vulnerable, and whether the resulting gift was unnatural or suspicious.

Types of evidence courts consider

Successful challenges rely on a combination of direct and circumstantial evidence. Useful categories of evidence include:

• Medical records and providers’ testimony — doctor notes, hospital records, cognitive test results (MMSE, MoCA), psychiatric evaluations, nursing home records showing dementia, delirium, or incapacity at the time of execution.
• Contemporaneous writings — the will itself, letters, journals, appointment calendars, emails, or text messages showing the testator’s state of mind, instructions, or changed relationships.
• Witness testimony — statements from people who saw the signing, visited the testator, or knew the testator’s routine and mental condition. Witnesses to the will’s execution (attesting witnesses) can testify about whether the testator appeared to understand and sign freely.
• Documentation of suspicious circumstances — sudden, unexplained changes in the will that favor a caregiver or new friend; secrecy about the will’s preparation; failure to consult close family; or gifts that deviate sharply from prior estate plans.
• Evidence about the influencer — proof that a beneficiary or caregiver had exclusive access, controlled communications, isolated the testator from family, or stood to gain financially. Financial records showing transfers, new accounts, or joint ownership help show motive and benefit.
• Expert testimony — medical experts on capacity, neuropsychologists, geriatric psychiatrists, or handwriting/forensic experts if signature authenticity is in dispute.
• Admissions or direct evidence — recorded threats, emails, statements by the influencer indicating coercion, or documentary proof of undue pressure.

Key factors courts weigh

Courts evaluate the totality of the circumstances. Typical factors include:

• Timing: Did incapacity or coercion occur at or near the time the will was signed?
• Vulnerability: Was the testator dependent on or isolated by the alleged influencer?
• Opportunity: Did the influencer arrange the meeting with the attorney, draft the will, or control access?
• Resulting disposition: Is the will’s outcome unexpected given the testator’s past statements and prior estate plans?
• Independent advice: Did the testator receive independent legal advice and meet the attorney without the influencer present?

Practical evidence-gathering steps

If you believe a will should be contested, consider these steps immediately:

1. Preserve the original will and any drafts; do not destroy documents or devices that may contain messages.
2. Collect names and contact information for witnesses to the signing and those who regularly interacted with the testator.
3. Request copies of medical records and care notes for the period around the signing (you may need a subpoena issued by counsel).
4. Gather financial records showing transfers, new accounts, or unusual withdrawals tied to the alleged influencer.
5. Record dates and content of conversations or incidents that show coercion, isolation, or sudden changes in the testator’s behavior.
6. Preserve electronic evidence (emails, texts, social media messages) and make forensic copies if needed.
7. Consult a probate attorney quickly to file a timely will contest in the proper probate court and to obtain necessary subpoenas and expert engagement.

Burden of proof and courtroom realities

Typically the person challenging the will must prove lack of capacity or undue influence by a preponderance of the evidence (more likely than not). If the will contains suspicious features, many courts treat the circumstances as raising a presumption of undue influence and require the proponent of the will to show the will was freely made. Vermont courts apply established probate standards and evaluate all evidence in context. Discuss burden and local practice with a Vermont probate attorney.

When to hire experts

Engage medical experts when the testator’s cognitive state is central. Neuropsychological evaluations, medical records review, and testimony from treating physicians are persuasive. Hire forensic document examiners if a signature or handwriting is disputed. Early expert involvement strengthens preservation and admissibility of evidence.

Helpful hints

• Act fast. Probate deadlines and the loss of evidence (medical files, witnesses’ memories) make timing critical.
• Do not confront alleged influencers alone; gather evidence and let counsel manage contact and discovery.
• Keep a detailed chronology of events, contacts, and changes in the testator’s mental or physical condition.
• Preserve electronic devices and accounts. They often contain key communications.
• Document caregiving arrangements and access control—who lived with or regularly cared for the testator?
• If you find a questionable will, do not destroy the original. Contact the probate court and an attorney about properly lodging the contest.
• Expect disputes to involve both legal and medical fact-finding—choose counsel familiar with probate litigation and elder-care assessments.