Miami, Florida Lack of Capacity Attorneys
An important element in the creation of a will is that the testator be "of sound mind". In general, this means that the creator of a will should be competent enough to understand their relationship to beneficiaries, the nature and extent of their property, and what the practical effect of a will is. When contesting a will on grounds of a lack of capacity, the contester must prove that the deceased lacked testamentary capacity at the time of the creation of their will. If, however, a will's creator was deemed incompetent at the time of a will's creation, the burden of proof shifts to a will's proponent to prove the testator was lucid enough to make a will. In either case, evidence must be assembled and a convincing case made regarding the lack of capacity on the part of the deceased at the time of the creation of their will.
At Barreto & Romero, P.A., our estate planning attorneys represent clients in will contests involving allegations of a lack of capacity. If you believe your deceased family member lacked the mental capacity needed to create a will, contact will contest lawyers at Barreto & Romero, P.A. today to schedule a free consultation to discuss your case.
Alzheimer's, Dementia, and Will Contests
If the deceased suffered from dementia or Alzheimer's, questions may arise over whether or not he or she had the mental capacity needed to create a will in a knowing, competent state of mind. This is made particularly difficult by the fact that there may have been intervals of lucidity during which a decedent had the mental capacity needed to sign or acknowledge a will. In general, Florida courts have held that a lack of capacity on some days does not mean a will's creator lacked capacity on others.
Here, in order to establish a lack of capacity, it's necessary to provide convincing proof that either the deceased's lack of capacity was chronic or provide witnesses who can verify the deceased lack capacity at the time of the signing of their will.
Contact Will Contest Attorneys at Barreto & Romero, P.A. Today
If you believe your family member lacked the mental capacity needed to create a valid will, contact will contest attorneys at Barreto & Romero, P.A. today. We can evaluate your case and explain how the law views lack of capacity and the use of prescription medication, debilitating conditions, and delusional personality disorders. We can discuss the options available to you and initiate any necessary paperwork to contest a will.
