Can a Person Who is Diagnosed With Dementia Write a Valid Will in Florida?
If I am diagnosed with dementia or Alzheimer’s, can I still write a valid will? If I am deemed incompetent by a Florida guardianship court, and then write a will, is the will valid? Who can write a will according to Florida law? When is a will valid vs. invalid? What is “testamentary capacity”? When do I need a West Palm Beach estate planning lawyer?
Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida probate lawyers and West Palm Beach estate attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries. Therefore, it is important to meet with your estate planning lawyer to draft a will as early as possible. If you have a proper estate plan in place, before potentially developing dementia or Alzheimer’s, you may also be able to avoid a guardianship.
What is being of a “sound mind”? What is testamentary capacity? There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida:
- understanding that he or she is creating a distribution of his or her property after death,
- knowing the nature and extent of his or her property,
- knowing the named heirs and members of his or her family
- understanding in a reasonable manner the general nature and effect of the act of signing the will.
While this legal test for testamentary capacity may sound complicated, experienced trust and estates lawyers can help make sense of it, and whether it can be met in your case. Having an experienced estate planning attorney be a witness to and stand behind the will is often a determining factor in will contest cases in Florida.