Lack of Testamentary Capacity: Proving Someone Wasn’t of Sound Mind

Dealing with a deceased loved one’s estate can be messy. Sometimes heirs will contest a will after a loved one dies, especially if they feel the person creating the will was not of sound mind. They may try to prove lack of testamentary capacity.

Testamentary capacity refers to whether a person has the mental ability to understand what they are doing when they make a will. It is basically the “sound mind” part of creating a valid will. A person does not need to have perfect mental health but they should have enough understanding to make decisions about their estate.

Challenging a Will

Florida law presumes testamentary capacity for the creator of a will. The burden of proof falls on the party challenging the will’s validity to demonstrate a lack of capacity.

What matters is whether the person had capacity at the time the will was executed. Events or statements before or after that moment may help, but the legal question focuses on that specific point in time.

The standard is relatively low. The requirement for testamentary capacity is not as high as, say, capacity for signing complex contracts. A person doesn’t need to understand every legal technicality in the document, so trying to prove  lack of testamentary capacity will not be easy. They need to grasp:

1. The nature of what they’re doing (making a will).
2. The extent of their property.
3. Who might have a claim on their estate (their family, heirs, etc.).

How to Prove That Capacity Was Lacking

To challenge a will based on lack of testamentary capacity, courts often look at several types of evidence, including:

• Medical records and expert testimony. This includes documentation of dementia, Alzheimer’s, mental illness, or other cognitive decline, as well as testimony from doctors, psychiatrists, or neuropsychologists about the person’s mental state at the time the will was signed.
• Witness testimony. This includes observations from friends, neighbors, caregivers, or others who interacted with the person as well as accounts of confusion, memory loss, or difficulty understanding basic facts.
• Past statements by the decedent. This includes comments showing misunderstanding of assets, beneficiaries, or the will itself. Contradictory or inconsistent remarks about how the estate should be distributed may also be used as evidence.
• Timing and circumstances of the will signing. Was the person was ill, heavily medicated, or under unusual pressure? Are there signs that the will was prepared or executed hastily or under suspicious conditions?

Seek Legal Help

When the owner of a will does not meet age or mental health requirements, the heirs may try to prove one of these points and render the will invalid.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A has decades of experience dealing with these matters. We can help you understand what your options are and whether you might have a good chance of proving that a will is not valid. Schedule a consultation today by calling 954-764-4330 or filling out the online form.

Source:

justia.com/probate/probate-litigation/will-contests/lack-of-testamentary-capacity/