Thinking of challenging a will in Florida? You might start by determining “Testamentary Capacity.”

There are numerous ways that a will can be contested in the State of Florida,  but one of the main reasons a will could be challenged is if the “testator“, the person who signed the will, did not have  “testamentary capacity” to sign a will in Florida.

There are four main components that are needed to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida:

• Understanding that the testator 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.

Testamentary capacity is generally presumed by Florida Probate courts, so the burden of proving that the testator lacked testamentary capacity is on the person challenging the will. Further, the person challenging the will must prove that the testator lacked capacity at theexact time and date on which he signed the will.

Palm Beach probate litigation attorneys know that this is a heavy burden to overcome, but it is not impossible. The challenger is allowed to offer evidence showing the decedent’s mental condition before or after signing the will and evidence that the mental disability waspermanent. This is the best way to get around the need for evidence of incapacity at the exact time of signing the will.  Still, however it is accomplished, a showed of a lack of testamentary capacity will render the will invalid, reverting probate proceedings to either follow a previous version of a will, or to go through probate as if there was no will at all.  So, if you are considering challenging a will, make sure you know the exact affect it will have on your Florida inheritance if you are successful.