Can a Will Be Contested If Someone Had Dementia?

Questions sometimes arise about whether a Will left behind truly reflects a person’s wishes. This is especially common when the person had dementia when the Will was created.

The validity of a Will rests on whether the individual had what the law calls testamentary capacity at the time the will was signed. Because these cases are often complex and emotionally charged, working with an experienced Pompano Beach estate litigation lawyer is advised.

Dementia and Lucid Intervals

Under Florida law, a person must have testamentary capacity to create a valid Will. This means they must understand the general nature of their property, the natural heirs who would ordinarily receive their assets (such as children or spouses), and how they will dispose of their property.

Importantly, testamentary capacity is a relatively low legal standard. Someone does not need perfect memory or advanced reasoning skills to meet it. They simply need to comprehend, in a general sense, what they own, who they are leaving it to, and what signing the will means.

A diagnosis of dementia does not automatically mean a person lacks testamentary capacity. Dementia is a progressive condition, and its effects vary greatly. Some individuals experience confusion and memory loss, while others may have periods of clarity. These periods are known as lucid intervals.

If a person executes a Will during a lucid interval (when they can understand their assets, heirs, and decisions) the will may still be valid under Florida law. Yet proving that a Will was signed during such a period can be a point of contention in estate litigation.

Grounds for Contesting a Will

Family members may contest a Will if they believe dementia prevented the person from understanding what they were doing at the time of signing. Common grounds include:

• Lack of testamentary capacity. Arguing the person could not grasp the essential elements required to make a valid will.
• Undue influence. Dementia may make someone more vulnerable to manipulation by caregivers, relatives, or others who stand to benefit.
• Improper execution. If the will does not meet Florida’s strict signing and witnessing requirements, it may be invalid regardless of mental state.

Evidence such as medical records, witness testimony, and expert evaluations often plays a critical role in these disputes.

If you suspect a Will was created when your loved one lacked capacity, speak with a Pompano Beach estate litigation lawyer as soon as possible. These cases are highly fact-specific, requiring careful review of medical records, family dynamics, and the circumstances surrounding the Will’s execution.

Early involvement of an attorney can help preserve evidence, prevent escalating family conflicts, and ensure the Court hears the full story.

Were you recently having a conversation about whether you can contest a Will that was signed by a person experiencing memory loss? A Will can be contested if the person who signed it had dementia. But the key question is whether they had testamentary capacity at the time the will was signed. Share your unique situation with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation.