How Do You Prove “Testamentary Capacity” in Florida?

You often hear the phrase “of sound mind” associated with the signing of a last will and testament. As a matter of law in Florida, a person must have what is called “testamentary capacity” to execute a will. Such capacity is often described as being “of sound mind.”

In practice, testamentary capacity generally requires the person be unable to understand three things:

• the nature and extent of the property they wish to dispose of in their will;
• their relation to those who would naturally claim a substantial benefit from their will; and
• a general understanding of the practical effect of the will as executed.

Critically, a person need only have testamentary capacity at the moment they signed the will. Even if they suffer from some sort of mental health condition that normally incapacitates them, they could still be of sound mind during a “lucid moment” when they executed their will. Such a will is still valid even if the testator is subsequently (or previously) incapacitated.

Capacity Must Be Established at Time of Execution

As a recent Florida appellate court decision makes clear, however, it is necessary to establish testamentary capacity on the date a will is executed, as opposed to some time prior to that execution. This particular case, Scott v. Young, dealt with a contest to a codicil (amendment) executed in connection with an existing will.

The parties to this case are a brother and sister. Their late mother allegedly executed a codicil to her will in September 2018. The codicil removed the brother as personal representative of the mother’s estate and appointed the sister in her place. After the mother died, the brother contested the codicil, alleging his mother lacked testamentary capacity at the time she signed it.

In defense of the codicil, the sister pointed to an August 2018 court order in a separate guardianship proceeding involving the mother. The guardianship court at that time determined the mother did have testamentary capacity. The probate court subsequently accepted the guardianship court’s decision as binding.

The Florida Fifth District Court of Appeals, however, held this was a legal error. The guardianship court made its determination roughly one month before the mother allegedly signed the codicil. The probate court had a duty to determine if the mother had testamentary capacity at that time. The guardianship court’s earlier ruling could be considered as evidence in support of testamentary capacity. But it did not eliminate the probate court’s duty to make its own finding on the subject.

Contact a Pompano Beach Undue Influence Lawyer Today

It is not uncommon in sibling disputes over a parent’s estate to include allegations of fraud or undue influence, especially when a modification to a will favors one sibling over the other. A qualified Pompano Beach undue influence lawyer can represent your interests in such litigation. So if you need legal advice in connection with an estate or trust litigation matter, contact the offices of Mark R. Manceri, P.A., today at 954-491-7099 to schedule a consultation.

Source:

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