Setting Aside a Florida Will Based on Dementia and Incompetency
Setting aside a will based on incompetency, incapacity, or dementia. What you might call a will contest, or a will challenge. You can set aside a will under those limited circumstances. If Mom or Dad, when they signed the will, was suffering from dementia so poorly, was incompetent, or incapacitated, then that will may not be valid. If they didn’t understand what they were signing, if they didn’t understand the implications of that, if they didn’t understand who their family members were, or in a general way, the nature and extent of their assets, their wealth, that will may be subject to attack.