Want to Challenge the Florida Will? You May Want to Consider the Testamentary Capacity and Challenging It.
Do you know what testamentary capacity is and why it is so important to Florida will contest lawyers? Florida probate lawyers know that lack of testamentary capacity could invalidate the whole estate plan! Do you know why? Check out this recent appeal from Mississippi. Is this how it would end up in Florida estate litigation?
Testamentary Capacity
- What is testamentary capacity?
- Florida estate attorneys know that a certain amount of mental capacity is required to execute a will.
- Do you know how the Florida probate court is going to quantify that capacity?
- Estate attorneys Florida know it depends on multiple factors.
- Did your father or mother execute a will without capacity?
- This could be grounds for a lawsuit that challenges the validity of the will.
- Florida will contest lawyers use lack of testamentary capacity to get wills thrown out of probate court.
- What can you do if that is what they are alleging in Florida probate court?
- You may want to talk to Florida estate attorneys to make sure that your estate plan is up to date and can withstand a challenge in probate court.
- Is filing a will contest in Florida difficult?
- It depends on the grounds you are asserting.
- Check out this recent probate lawsuit dealing with lack of testamentary capacity (and undue influence).
Estate of Phelps v. Phelps
- This was a probate appeal from the Court of Appeals in Mississippi that was decided at the end of last year.
- What does this have to do with Florida probate litigation?
- More than you may think.
- Here the son sought to admit the mother’s will to probate and the daughter challenged the will.
- Florida probate lawyers call this a will contest.
- The daughter was alleging that her mother lacked testamentary capacity to execute the will.
- Do you agree?
Want to learn more?
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