Testamentary Capacity and Natural Heirs

Questions can arise when someone passes away and their Will is brought forward. This is particularly the case when there are concerns over whether their closest relatives, known as heirs, were properly accounted for.

In Florida estate litigation, understanding testamentary capacity and heirs is essential to evaluating the validity of a Will and resolving disputes. To have the particulars of your situation addressed, share the specifics of your case with a Pompano Beach estate litigation lawyer.

Who Are Natural Heirs?

Testamentary capacity refers to a person’s legal capacity to create or amend a valid Will. In the state of Florida, this means the person (called the testator) must generally understand the nature of their assets, who would naturally inherit from them, the legal effects of signing a Will.

A person can have moments of clarity known as lucid moment or interval even if they suffer from dementia or other cognitive impairments. But if it can be proven that they lacked this basic understanding at the time the Will was executed, the document may be declared invalid.

Heirs are individuals who would inherit from someone under Florida’s intestate succession laws. Essentially, the people most closely related to the deceased. This typically includes:

• Spouses
• Children (biological and legally adopted)
• Grandchildren
• Parents
• Siblings

A valid Will can legally disinherit an heir, but this often triggers scrutiny. If a parent leaves a child out of the Will, for instance, it may raise concerns about undue influence or diminished capacity. This is often the grounds for disputes. Often disputes involve evidence of mental decline or Alzheimer’s at the time the Will was created and a new beneficiary (such as a caregiver or recent acquaintance) receiving the majority of the estate.

What Should I Do If I Suspect a Problem?

If you believe a loved one’s Will does not reflect their true wishes due to a lack of testamentary capacity or undue influence, it’s important to act quickly. Florida law limits the time to file a Will contest, and the longer you wait, the more difficult it may be to gather evidence.

A Pompano Beach estate litigation lawyer can review medical records, interview witnesses, and gather the documentation needed to assess capacity and protect your inheritance rights. When defending a Will against challenges, an attorney can help present a clear case that your loved one understood exactly what they were doing.

Whether you’re challenging a Will or defending one, the legal concepts of testamentary capacity and  heirs are central to the case. With skilled legal support, you can navigate these sensitive issues and protect your loved one’s legacy and your own future.

Want to learn more about how parties contest Wills? Arguing that the testator lacked capacity or was unduly influenced into making changes that don’t reflect their true intentions may be a strong path forward. Connect with the estate attorneys at Mark R. Manceri, P.A. to have your unique concerns addressed. Schedule a confidential consultation to learn more.