Lack of Mental Capacity Under Florida Law

Wills and trusts can be contested on a number of different bases, including a lack of mental capacity.  When the mental capacity of the individual who executed a will or trust is in question, a legal challenge may be filed seeking to declare that the testator’s will or trust is not a legally enforceable document.

Under Florida law, in order for a will or trust to be valid, the individual executing the document must have had the mental capacity (testamentary capacity) to make a sound and independent decision at the time of signing a will. In Florida, a person will generally be found to have sufficient mental capacity to execute a will if he or she comprehends and understands:

• the nature of his or her testamentary actions
• the nature and amount of his or her property
• his or her relationship to individuals who would be the natural objects of his or her bounty (e.g., their spouse, child, siblings, etc.);
• how the document will actually dispose of his or her property

When a court finds that an individual was unable to understand and comprehend these factors at the time he or she signed the will, the document will be declared invalid and unenforceable under the law.

Litigating Complex Lack of Mental Capacity Cases

The attorneys at SW Florida Probate Trial Lawyers represent clients throughout Southwest Florida who are involved in complex probate and trust litigation cases.  When a dispute arises as to whether an individual possessed sufficient mental capacity to execute a will or trust, you should discuss your situation with a skilled Fort Myers lack of mental capacity lawyer.  The lawyers at our firm are seasoned litigators who carefully review your case to determine the best courses of legal action available.  Our attorneys have more than 20 decades of collective experience litigating and trying complex civil cases.  We know how to investigate difficult cases and formulate legal strategies that will best protect your rights and interests.  

At SW Florida Probate Trial Lawyers we appreciate that cases involving disputes over mental capacity are highly sensitive and can be very stressful for family members and all other parties with an interest in the matter.  We also know that these types of challenges often involve substantial sums of money and property.  When our lawyers take on a will or trust contest case that involves a mental capacity claim, we will quickly gather the evidence and interview key witnesses.  Our legal team will undertake a complete analysis of all documents and information so that we can present the strongest case possible in court.  We know that you are counting on us and our lawyers are committed to aggressively advocating for your rights throughout the entire course of your case. 

Contact Us

If you are facing a will contest case that involves a testamentary capacity challenge, you should consult with a Fort Myers or Naples lack of mental capacity attorney.  The experienced trial lawyers at SW Florida Probate Trial Lawyers represent clients throughout the Southwest Florida region in all types of complex will contest litigation cases.