When Does A Lack Of Mental Capacity Invalidate A Will Or Trust?

Florida law states that in order to possess the capacity to sign a valid will or to be "of sound mind" for this purpose, the individual must mentally understand the following:

  1. The nature and extent of the property to be disposed of
  2. The relationship to those who would naturally claim a substantial benefit from the will
  3. The practical effect of the will as executed

A lack of mental capacity at the time a person signs a will is addressed in the Florida statutes §732.501 governing who may make a will. The same standard of mental capacity is necessary when signing a trust. Proving that a lack of mental capacity existed at the exact moment a person signed a will or trust is a difficult challenge — a challenge that our attorneys accept when they determine that telltale signs point to a lack of mental capacity. An extensive review of medical records, hospitalizations, interactions with law enforcement agencies and other government organizations provides critical evidence in determining an individual's capacity.

Proving A Will Or Trust Is Invalid

With ample evidence and skilled attorneys dedicated to doing the right thing, a will or trust can be determined to be invalid by the court. Proving a will or trust invalid due to lack of capacity or defending its validity is what our attorneys handle every day. VanNess & VanNess, P.A., achieves successful outcomes for those individuals who recognize the existence of a lack of capacity in their parents or other loved ones and call our office to discuss those concerns.

To discuss the possibility of challenging a will or trust on the grounds of lack of mental capacity, call 866-697-6221 or complete our secure online contact form to schedule a meeting with one of our lawyers at our central Florida offices.