When Is a Will Valid in Florida?

Creating a valid will is one of the most important steps to ensuring that your wishes are followed after your passing, but not all wills are legally enforceable. In Florida, strict legal standards determine whether a will is valid.

For example, a key component is testamentary capacity, or the mental ability of the person creating the will. If a testator lacks capacity, the will can be challenged and potentially invalidated. If you suspect a will may not meet state legal standards or need help defending an estate document, consult an experienced Pompano Beach estate litigation lawyer.

Legal Standards for Testamentary Capacity

Under Florida law, a will is considered valid if it meets the following criteria.

• The testator meets age requirements. The person creating the will must be of legal age, meaning they are at least 18 years old, or be an emancipated minor.
• Individuals have testamentary capacity. Testamentary capacity means the testator understands the nature and extent of their assets, knows the natural objects of their bounty (i.e., their heirs), and comprehends the legal effect of creating the will.
• The document is in writing. It is important to acknowledge that a person telling those close to them what they want to have happen with their assets is not legally binding. Oral wills, or wills conveyed verbally, are not recognized in Florida.
• Proper execution has been followed. The will must be signed by the testator in the presence of two witnesses, who must also sign the will in the testator’s presence.

Disputes often arise when heirs or other interested parties question the mental capacity of the testator at the time the will was created. Common signs that may prompt such a challenge include a diagnosis of dementia or other cognitive impairments, evidence of undue influence by another party, and sudden, drastic changes to an existing estate plan.

In cases where a testator signed a will while in the late stages of a terminal illness or after suffering a severe medical episode, courts may find the individual lacked the clear-headedness required to make legal decisions as well. Also, if there is evidence the testator was manipulated during a vulnerable moment, the court may void the will.

Facilitating Expert Testimony

Proving or challenging testamentary capacity requires substantial evidence, often including medical records, witness testimony, and expert evaluations. A Pompano Beach estate litigation lawyer can play a pivotal role in these cases by retaining medical professionals or forensic psychologists to testify about the testator’s mental state.

When disputes arise over the validity of a will, they can create lasting divisions among family members. Partner with a legal expert to protect your family’s interests, navigate the legal complexities, and connect with a fair resolution.

Are you in a situation where you believe a will is invalid? It’s important to recognize you do not have to move through a challenging estate dispute on your own. The expertise of the legal professionals at Mark R. Manceri, P.A. can make all the difference in achieving a just outcome. Schedule a confidential consultation today.