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How Do You Prove A Lack Of Testamentary Capacity?


Challenging the validity of a will can be an arduous task for those looking to prove that the deceased lacked testamentary capacity when they created the document. To have success in such cases, individuals must understand how testamentary capacity is determined in the state of Florida and what they need to do to prove their case.

If you want to challenge someone’s will by proving a lack of testamentary capacity, Pompano Beach estate and trust litigation lawyer Mark R. Manceri, P.A., can help. Mark R. Manceri helps beneficiaries and other interested parties contest wills.

What Is Testamentary Capacity?

Testamentary capacity refers to an individual’s mental state at the time that they execute a will. This includes being able to understand the consequences of their actions and comprehending who would be impacted by these decisions. The concept also includes being able to differentiate between related parties, such as siblings and children, as well as understanding how much money or property each person should receive.

Under Florida Statutes § 732.501, individuals must have sufficient mental capacity at the time that they create a will so that they can understand the nature and extent of their property, the persons who are natural objects of their bounty, and their relation to those persons in order for a will to be considered valid.

How Can You Prove a Lack of Testamentary Capacity?

To prove your case, you must provide evidence that demonstrates why an individual lacked testamentary capacity at the time that they executed their will. This may include medical records, depositions from family members or friends, expert testimony from medical professionals, or any other documents which may help establish your claim. You must also provide proof that this lack of capacity impacted either how assets were distributed among beneficiaries or who was included/excluded from inheritance under the terms of the will itself.

Lastly, you may need to show evidence that suggests that another party took advantage of this situation for financial gain (i.e., undue influence). While not necessary for all claims, providing this extra evidence can help strengthen your argument if it exists.

How Can a Lawyer Help?

When challenging the validity of a will, it is important to understand how testamentary capacity is determined in the State of Florida and what evidence must be provided to prove your case. Hiring an experienced lawyer can help you navigate the complexities of this legal process by providing sound guidance on all aspects of the challenge.

When armed with both knowledge and evidence-based support, individuals are more likely to be successful in proving their case and having their challenge accepted by courts across the state of Florida.

Prove a Lack of Testamentary Capacity with Mark R. Manceri, P.A.

With the help of an experienced attorney, individuals can better understand their rights and how best to pursue their cases. If you suspect that the deceased individual lacked testamentary capacity when executing a will, you might have grounds to challenge the validity of the will. Get knowledgeable assistance from Mark R. Manceri, P.A., to understand your legal rights and options. Call 954-491-7099 to discuss your situation.



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