When your loved one passes away, it can be incredibly devastating. However, these matters can grow even more complicated when you have reason to believe their last will and testament is invalid due to a lack of testamentary capacity. Unfortunately, these matters can be incredibly complicated, so it’s imperative to understand your legal options during these times. If this reflects your circumstances, the following blog explores what you should know about these matters and why connecting with Tampa estate litigation lawyers is in your best interest in these matters.

What Does “Testamentary Capacity” Mean in Florida?

Testamentary capacity is a term used to describe whether or not the creator of a will (known as the testator) has the mental capacity to understand the impact of the decisions made and included in their will upon signing. It’s critical to understand that this does not mean the individual was in perfect health or had no memory troubles, as even those with mental decline may have moments of lucidity.

What The Testator Must Understand

  • That they are signing a will
  • The property and assets they own or control
  • Who their heirs or beneficiaries are
  • Who the will benefits
  • How the assets will be distributed in accordance with the will

Common Situations That Raise Capacity Concerns

  • Alzheimer’s or dementia
  • Medication impacting cognitive ability
  • Recent strokes or head injuries
  • Severe mental illness that impacts understanding
  • Cognitive impairment in conjunction with sudden and substantial changes to the will

What Is “Lack of” Testamentary Capacity?

A lack of testamentary capacity means that, at the time of signing the will, the testator did not have sufficient mental understanding in accordance with Florida legal standards.

Warning Signs of Lack of Capacity

  • Confusion surrounding relationships or names of close family members
  • Inability to remember or recognize assets or property
  • Unclear or incoherent understanding of inheritances
  • Major changes to the will without reasoning
  • Documented mental decline near the date of the will’s execution
  • Dependence on another person for communication regarding will changes

Who Can Contest a Will in Florida?

Generally, only certain individuals have the right to contest the validity of a will. This includes legal heirs, beneficiaries, and anyone else with a vested interest in the estate.

Who Has Legal Standing to Contest the Will

In general, you’ll find that the following individuals are eligible to contest the validity of a will in Florida:

  • People named in the current will
  • People named in a prior will
  • Legal heirs, if there is no will
  • Individuals with a financial interest in the estate that would be impacted by probate

Who Generally Cannot Contest a Will in Florida

  • Non-family members who are not named beneficiaries
  • Contestation based solely on personal disagreement
  • Individuals who are not financially impacted by the outcome of probate

How Do You Contest a Will Based on Lack of Capacity in Tampa?

Contesting a Will based on a lack of testamentary capacity can be a complex legal matter that requires many steps that must proceed through the court.

Step-by-Step Overview

  • Confirm that probate has been filed with the probate court
  • File a formal petition to challenge the probate case
  • Provide evidence that demonstrates a lack of testamentary capacity
  • Provide testimony and documentation during the discovery process
  • Attempt settlement or negotiations when possible
  • Proceed to a trial if the matter remains unresolved

Evidence That May Support Your Case

  • Medical records dated near the signing of the will
  • Hospital records (especially those with cognitive notes)
  • Statements from the witnesses present at the will’s signing
  • Testimony from caregivers, friends, and family members
  • Prior wills to show substantial changes in the distribution of property

What Other Grounds Can Be Used to Contest a Will?

It’s important to understand that lack of testamentary capacity is not the only ground on which someone may be able to challenge the validity of a will in Florida.

Additional Legal Grounds

  • Undue influence – Someone pressured or manipulated the testator
  • Fraud – Deception regarding the will or its contents
  • Forgery – Inauthentic or fraudulent signatures
  • Improper execution – Missing legal formalities like witness requirements
  • Duress – The will was signed due to threats or coercion

What Happens After a Will Is Contested in Hillsborough County?

If you contest the will of a loved one on the grounds of a lack of testamentary capacity, understanding what to expect from this process is critical. This can help ensure that you are well prepared for each step, ultimately improving the efficiency of this process while giving you time to adequately prepare.

Probate Contest Process

  • The probate case will continue while the dispute is being evaluated
  • Each side will exchange information during the discovery process
  • Witness depositions may occur
  • The court may order mediation
  • If mediation fails, a court ruling may occur

Potential Outcome

  • The will is upheld
  • The will is declared invalid
  • A prior version of the will may be honored
  • If no valid will exists, Florida’s intestate law will apply

Risks of Contesting a Will in Florida

While contesting a will can be an incredibly important way to ensure that your loved one’s wishes are honored and upheld, it’s necessary to understand that this process is not without certain risks that should be considered before you formally contest the document.

Why Will Contests Are Incredibly Complex

  • Litigation can be expensive and tedious
  • Families may experience long-term conflict as a result
  • The legal fees incurred by the estate may result in a reduction of the estate
  • In some situations, if the will is not successfully contested, the challenger may not receive an inheritance (no-contest clauses)

When Contesting a Will May Be Worth Pursuing

  • Major changes were made to the will near the end of the testator’s life
  • One party receives a substantial and unexpected inheritance
  • There was a clear cognitive decline at the time of the will’s signing

Contact an Experienced Tampa Estate Planning Attorney Today

If you have concerns regarding the validity of a will left by your loved one, it’s in your best interest to consult an experienced attorney with Tampa Law Group before taking any legal action. Our team can help you determine the best course of action for your specific situation. Contact us today to learn how we can represent you.