DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
Incompetency
Even without a showing of undue influence, a will may be challenged on the basis that the testator was mentally incompetent when the will was written and therefore “lacked testamentary capacity”.
In order to be legally competent to write a will, a person must have the “ability … to mentally understand in a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who would naturally claim a substantial benefit from the will, as well as a general understanding of the practical effect of the will as executed.”
Even if a person has been declared mentally incompetent, it could still be shown that he or she made their will during a “lucid interval”.
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