Did you know that even if you are deemed incompetent and subject to a Florida guardianship you may be entitled to execute a will? The question is one of testamentary capacity and not competence. Do you know the difference? The question of testamentary capacity relates to the time the will was executed, so maybe you had a lucid moment. Do you know how to challenge testamentary capacity in West Palm Beach trial court? Check out this case out of the Texas Court of Appeals to see the importance of jury instructions.
Jury Instructions
- Jury instructions are what the West Palm Beach trial judge will read and later give the jury before they go back into the deliberation room.
- Did you know as a litigant you have a say in the jury instructions?
- So does your opponent.
- Before they are read to they jury they will be litigated by the parties.
- How can you appeal jury instructions?
- You will have to wait until after the jury returns a verdict.
Testamentary Capacity
- One of the most common ways to challenge a will is to claim the testator lacked testamentary capacity.
- Do you know how prove lack of testamentary capacity?
- In West Palm Beach a party just has to have testamentary capacity when they execute the will meaning that they can be adjudged incompetent and still execute a valid will.
- What evidence do you plan on using to prove a party lacked testamentary capacity in West Palm Beach?
Estate of Neuman
- This was an appeal to the Texas Court of Appeals from a will contest.
- The appellant charged that the jury instructions were incorrect in regards to the timing of a claim of lack of testamentary capacity.
- Experienced Palm Beach probate litigators know that errors in jury instructions can be fatal to a well plead case.
- Do you know how to appeal a decision based on a faulty application of law / jury instructions?
Want to learn more?
Check out the entire case by clicking here.