Lack of Testamentary Capacity
Getting the Facts with a Sarasota Probate Attorney
If a last will and testament is being drafted, it is imperative that it
is created as fairly and as correctly as possible. The livelihood of individuals
may depend on inheritance bestowed through a will, and loved ones might
be expecting portions of the estate that they inarguably deserve. However,
elders may lose certain mental faculties as they get older, whether from
Alzheimer’s disease, years of stress, or simply the act of aging.
It is not uncommon for such lessened mental awareness to give rise to
a lack of testamentary capacity, or the inability to properly make a will.
If you fear a loved one is making a will without the necessary capacity
to do so, seek the legal counsel of a Sarasota will and trust litigation
lawyer from The Edwards Law Firm, PL today. We have a sharp focus on probate
law and an authentic desire to see that you are treated fairly when it
comes to possible inheritance. If it comes down to it, we are not afraid
to represent you in court. Contact us today for an
What can indicate a lack of testamentary capacity?
When a will is being created, you should take steps to check the mental
health of the testator, or at least try to ensure that they are able and
willing to proceed with the process. There are many important things that
the testator must be aware of, such as:
Will’s creation: If the testator is not obviously aware of the fact that a will is even
being created, this could be a glaring indicator that they lack any testamentary capacity.
Extent of the estate: It is expected for the testator of a will to be fully aware of what they
own and what they can give away as inheritance.
Heirs and relatives: The inability to identify family members – or being unable to recognize
potential heirs – could be a sign of a lack of testamentary and
Distribution details: Not understanding how the estate will be divided or to whom it is going
to often indicates that the testator is not able to properly draft a will.
It is also important to note that if a testator has succumbed to undue
influence from an interested party, this could be indicative of a general
lack of mental and testamentary capacities.
Get an Experienced Sarasota Will and Trust Litigation Attorney on Your Side
Determining a true lack of testamentary capacity can be a trying and difficult
process alone. With the help of the knowledgeable and compassionate team
at The Edwards Law Firm, PL, you can expect personal attention and considerations
that are tailored for you and your circumstances only. We do not see cases
as cookie-cutter and understand that every single one is unique –
like our clients and like our own approach.
today to get any issues with a loved one’s will straightened out.