Disclaimer: This article is for general information only and is not legal advice. Laws change and every situation is different. Consult a licensed Maine attorney to discuss your specific case.
Detailed Answer
When someone challenges a will in Maine on the grounds of undue influence or lack of testamentary capacity, they must present evidence that persuades the probate court the will does not reflect the free, informed choice of the testator. Maine’s probate laws are in the Maine Revised Statutes (Probate Code). For the statutory framework and procedural rules, see the Maine Probate Code (Title 18‑B) and the Maine Judicial Branch probate resources:
Below is the type of evidence courts consider and how to collect and present it effectively under Maine law.
What courts look for when evaluating testamentary capacity
“Testamentary capacity” generally means, at the time the will was signed, the person:
- understood they were making a will;
- understood the nature and value of their property;
- recognized the people who would normally expect to benefit (natural objects of their bounty); and
- understood how the will would distribute their property.
Evidence that helps show lack of capacity includes:
- medical records showing dementia, delirium, stroke, severe cognitive impairment, or medication effects at or near the time the will was signed;
- testimony from doctors, nurses, social workers, or caregivers about the testator’s mental state;
- contemporaneous notes, emails, journal entries, or recordings in which the testator expresses confusion or forgetfulness;
- evidence the testator could not understand or explain the will’s provisions or could not identify close relatives or major assets;
- neuropsychological testing or expert opinions by psychiatrists/psychologists when available;
- a significant medical diagnosis (e.g., advanced Alzheimer’s) close in time to signing.
What courts look for when evaluating undue influence
Undue influence occurs when a person uses excessive pressure, manipulation, isolation, or deceit to overcome the testator’s free will and secure an unfair testamentary benefit. Useful evidence includes:
- patterns of control: evidence a beneficiary isolated the testator from family, controlled visitors, or managed all communications;
- active involvement by the beneficiary in preparing or procuring the will (e.g., paying the attorney, arranging the appointment, being present during signing);
- suspicious circumstances: a sudden and unexplained change in beneficiaries or a will that sharply favors a caregiver or new acquaintance;
- written or recorded threats, harassment, or coercive messages;
- financial exploitation or unexpected large transfers to the beneficiary before or after the will was signed;
- witness testimony that the testator seemed fearful, confused, or pressured during signature;
- lack of independent legal advice or refusal to allow review by family or other trusted advisors.
How the court evaluates pieces of evidence together
Courts weigh the totality of circumstances: medical proof that a testator lacked capacity plus evidence that someone dominated or controlled them can be persuasive. On the other hand, a properly executed will and consistent prior statements from the testator supporting the same plan weaken a challenge. Expert medical testimony, clear contemporaneous documentation, and credible witness statements strengthen a challenge; hearsay or stale allegations weaken it.
Practical steps to gather and preserve evidence in Maine
- Immediately preserve medical and care records: request copies of hospital, doctor, nursing‑home, and medication records for the period around the signing.
- Collect contemporaneous writings: drafts of the will, emails, texts, letters, appointment logs, and calendars.
- Interview and record (where lawful) witnesses: who attended the signing, who visited the testator, who arranged legal appointments, and what they observed.
- Preserve electronic evidence: phones, social media messages, emails, and recordings—don’t allow devices to be wiped.
- Identify and retain experts early: a geriatric psychiatrist, neurologist, or neuropsychologist can review the records and give an opinion about capacity; handwriting or document examiners can help for suspected forgeries.
- Document suspicious financial activity: bank records, checks, transfers, or deeds that indicate exploitation or recent large gifts.
- Talk to a probate attorney promptly: Maine has time limits and procedural rules for contesting wills—an attorney can preserve rights and file any necessary petitions in the probate court.
Common evidentiary pitfalls to avoid
- Waiting too long: witnesses’ memories fade and records can be lost.
- Relying on vague second‑hand reports—contemporaneous, first‑hand accounts are stronger.
- Destroying or failing to request medical records quickly enough.
- Overlooking digital evidence (texts, emails, calendar invites).
Helpful Hints
- Act quickly. Probate challenges have deadlines; preserve evidence right away.
- Get medical records with dates and signatures. Records that show condition on the signing date are especially valuable.
- Ask witnesses specific, concrete questions (what they saw and heard, exact dates, who was present).
- Note changes: compare the contested will to earlier wills or estate plans; big, unexplained changes are key evidence of undue influence.
- Preserve originals of documents and maintain a clear chain of custody for all evidence you collect.
- Consult a Maine probate attorney before filing a challenge—procedural mistakes can defeat an otherwise valid case.
- Keep emotion out of filings. Courts focus on facts, records, and credible witness testimony.
For statutory requirements and deadlines, consult the Maine Revised Statutes (Title 18‑B) and the Maine Judicial Branch probate resources linked above. Because procedures and proof standards can be technical, you should discuss the specifics of your situation with a Maine probate attorney as soon as possible.