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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 unarguably 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 initial consultation.

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 mental capacities.
  • 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.

Contact us today to get any issues with a loved one’s will straightened out.

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