Do you want to contest a will in West Palm Beach? You may want to start by challenging the testamentary capacity of the testator. Do you know how to determine if someone has testamentary capacity? You may want to start by understanding how a West Palm Beach probate court looks at testamentary capacity.
Testamentary Capacity
- Do you know what testamentary capacity is?
- If someone lacks testamentary capacity they cannot execute a valid will in West Palm Beach.
- In other words the will as executed as a nullity.
- If you can prove that someone executed his or her last will without capacity you may be able to contest that will.
- Now a prior will is going to take its place but what if one does not exist?
- Then the person’s estate may pass through intestacy rules in West Palm Beach.
What is Required for Testamentary Capacity
- There are four main requirements to show testamentary capacity in Florida do you know what they are?
- The testator must understand they are creating a distribution of their property for after their death.
- They have to know the nature and extent of their property.
- They have to know the named heirs and members of their family.
- They have to understand the general nature of what they are signing and what role a will plays after their death.
- Proving lack of testamentary capacity can be a difficult burden to overcome but experienced Palm Beach probate litigators know how to do it.
- Probate Courts in West Palm Beach usually presume that testamentary capacity exists, in other words it is going to be your job to prove it was not there.
- Furthermore keep in mind that the goal is to prove someone lacked capacity at the time they signed.
- Showing after or before the fact someone lacked capacity is simply not enough in West Palm Beach.
- Do you want to contest the will in West Palm Beach?
- Do you have a viable claim that the testator lacked testamentary capacity?
- If you are unsure you can always talk with an experienced Palm Beach probate litigator who knows what to look for and how to prove the case in probate court.
- Do you know what other grounds you can use to challenge the will in West Palm Beach?