Understanding Testamentary Capacity in Florida Wills and Trusts

– Florida law requires a person to have testamentary capacity to create a valid will or trust.
– Testamentary capacity means the person must understand their property, know their family members, understand the document they are signing, and have a rational plan for property distribution.
– The person must also understand the consequences of their actions, like who will be affected by the document and the consequences of leaving someone out of the will or trust. – In Florida, there is a legal presumption that a person has testamentary capacity unless proven otherwise.
– If there is evidence of lack of capacity or undue influence, the court may require medical evidence to determine the person’s capacity at the time of execution.
– Undue influence occurs when a person is coerced or manipulated into creating or modifying a will or trust in a way that does not reflect their true wishes.
– In order to prove undue influence, the challenger must show that the person was susceptible to influence, the influencer had the opportunity to exert influence, and there was a result that is unnatural or contrary to the person’s wishes. – The attorneys at Purcell, Flanagan, Hay & Greene are skilled and experienced with the laws on testamentary capacity for wills and trusts in Florida.
– They can help individuals with legal issues related to creating or contesting wills and trusts.
– Their expertise can ensure that individuals’ wishes are accurately reflected in their estate planning documents.

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